J1 and J2 to H1 transition

pareshchothe

By pareshchothe,
in J-1 Waivers

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pareshchothe Member

pareshchothe

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Hello friends,

I have a growing confusion for J1/J2 to H1 transition. I m on J1 visa and my wife is on J2 and she is working with one Pharma company with the help of EAD. I am in the middle of J1 waiver process and can get the final waiver certificate anytime in April 2014 (currently I am waiting for DOS response). My wife's company is ready to sponsor(start application process) her H1 this year. My current DS2019 expiry is February 2015. If my wife files H1 (August/sept 2014) and then later may be in october/november I change my status to academic H1 as I m in academics) then what would be her status between February 2015 (EAD expiry) till she gets H1 approval (which will happens only after April 2015). Will she be able to continue working or she has to quit the job and be on H4 dependent visa until she gets H1 approval ? I really appreciate if someone has any information and answer to this kind of situation. Thank you

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jairichi Advanced Member

jairichi

Posted
Posted

Hello friends,

I have a growing confusion for J1/J2 to H1 transition. I m on J1 visa and my wife is on J2 and she is working with one Pharma company with the help of EAD. I am in the middle of J1 waiver process and can get the final waiver certificate anytime in April 2014 (currently I am waiting for DOS response). My wife's company is ready to sponsor(start application process) her H1 this year. My current DS2019 expiry is February 2015. If my wife files H1 (August/sept 2014) and then later may be in october/november I change my status to academic H1 as I m in academics) then what would be her status between February 2015 (EAD expiry) till she gets H1 approval (which will happens only after April 2015). Will she be able to continue working or she has to quit the job and be on H4 dependent visa until she gets H1 approval ? I really appreciate if someone has any information and answer to this kind of situation. Thank you

The moment you move to H1B your wife loses her J2 status and EAD but she is allowed to be in US based on pending H1B petition decision. If your wife's employer is planning to file H1B petition in Aug/Sept 2014 there is no chance to be picked for processing as it is believed that the quota will be over by April 7th 2014.

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pareshchothe Member

pareshchothe

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Thank you for your words. I meant 2015 only. I know we can not process my wife's H1 application for the year 2014 as it is already late. My question was about 2015 H1B quota. Her company will start application most probably anytime after April 2014. However, if my status (J1) changes to H1b(academic) after her H1B application submission then will she lose the job and not considered to be working until April 2015 when the decision will come out ?

One more concern- is the DOS favorable recommendation enough for H1B filing or do I need to wait for final waiver letter from USCIS? Waiting for the responses. Thank you

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