H4 to J1 then back to H4 to get EAD

[shanson]

My wife was on h4 visa for 4 years till June 2014, she still has the approved h4 I797 document which is valid till 2016 because I have my h1b extension till 2016 and I also have approved I140 and my GC is under process. Last year she got matched to residency program and her institute only allowed J1 visa so she transferred from h4 to J1. As per the new rule for h4 with approved I140 can get EAD but since she has changed her visa status can she file for EAD on the 1797 which she has?

 

Also with new rule from Health Ministry of India for J1 visa waiver no objection certificate cannot be issued for any circumstances which is another hurdle so getting back to h4 visa will really be helpful. Please advice!!

 

Thanks,

Shankar