Partnering with doctors, hospitals, and recruiters to secure your immigration needs. Click here to contact us today
J1 Visa Waivers
Tell us about your Case:
916-613-3553      info@j1visawaiver.net
Representing Clients throughout the Fifty States
  • Home
  • Legal Team
    • Legal Team
    • Our Book
  • Services
  • Testimonials & Results
    • Testimonials
    • Approvals & Results
    • Our Success Stories
  • Videos
  • Blog
  • Contact

Can I change status from a J2 to an H1B after my spouse gets a J1 waiver?

October 23, 2013/0 Comments/in j1 and j2 Waivers /by admin

Many of my foreign medical graduate clients pursue additional medical education in the U.S. on a J1 visa. The spouses of these doctors live, and sometimes work, in the U.S. on a J2 visa. As you may know, individuals on both a J1 and J2 are typically required to return to their home country for a period of two years after the expiration of their visas unless a waiver of the two year home residency requirement is approved. This post will address a change of status for a J-2 visa holder to H1B status after the approval of a J1 waiver. Note that this post assumes that you otherwise qualify for an H1B and only addresses the issue of changing status from a J2 to an H1B.

When the J-1 is granted a waiver of the two year home residency requirement based upon a commitment to work for at least three years in a federally designated medical shortage area or at a hospital operated by the Department of Veterans Affairs, the J-1 waiver also applies to you as a J-2 dependent. Previously, USCIS would approve a change of status from J-2 to H-1B as long as the J-1 waiver had been approved at the time of filing the H-1B.

Recently, however, USCIS has denied many (but not all) requests for a change of status for J-2 to any status other than H-4 (dependant of an H1B) until the J-1 has completed the three-year service requirement. It never ceases to amaze me how USCIS can arbitrarily change their policies and not abide by immigration law and regulations! USCIS is wrong in denying the requests for change of status because there is nothing in the law to support limiting a J-2 dependent to H-4 status or preventing a J-2 from acquiring status as an H-1B, O-1, or L-1 during the J-1 spouse’s three year service period. Nonetheless, USCIS continues to deny some of these change of status requests.

If USCIS denies your request, the J-2 dependant must consular process the H-1B. Alternatively, some attorneys have reported successfully filing a change of status from J-2 to H-4 status first, and then requesting a change of status from H-4 to H-1B without consular processing. However, USCIS decisions are inconsistent.

Ranchod Law prides itself in thoroughly advising all of our clients about all of their options and possible risks. Ultimately, it is up to you to decide what is the best option given your particular circumstances. Generally, we will continue to recommend that we request a change of status from J-2 to H-1B rather than requesting consular processing or first requesting a change of status to H-4, since a change of status is clearly permissible under the law. Moreover, USCIS is still, in fact, approving some of these requests. There is also currently a case pending before the Administrative Appeals Office which should bring some clarity to this problem.

If you are considering a change of status or if you have any immigration questions whatsoever please contact us at (916) 613-3553. We have offices conveniently located in Sacramento, Santa Clara and San Francisco and we remotely assist clients all over the world.

Is the path for doctors to obtain a green card too long?

October 1, 2013/0 Comments/in news /by admin

We will be filing a marriage green card application for one of our physician clients after helping him throughout the immigration process. He has gone through the entire U.S. immigration visa process including attending residency in J1 visa status, and working at a VA hospital to get a J1 waiver while working in H1B status. As we are preparing his Green Card application he mentioned that this is the moment he has been waiting for, for the last twelve years. His journey illustrates the long and arduous process that physicians must go through in or order to get a green card. It is clear that there is a need for foreign physicians in the U.S. and immigration laws need to be changed to address this need.

Here is a link to The New York Times article describing the difficult process that doctors undergo to obtain a green card:
http://www.nytimes.com/2013/08/12/business/economy/long-slog-for-foreign-doctors-to-practice-in-us.html?ref=health&_r=0.

Email me your questions regarding the J1 waiver process and I will answer them on this blog.

Search Here…

Categories

  • 7 Mistakes (8)
  • Conrad 30 (3)
  • Green Cards (6)
  • H1B Visas (2)
  • Home Residence Requirement (2)
  • Immigration News (2)
  • j1 and j2 Waivers (60)
  • news (3)
  • Uncategorized (1)
  • Work Visas (2)

Recent Posts

  • J-1 Hardship Waiver Letter of Approval: I-612 Application Success Story
  • I-612 Hardship Waiver Approval Success Story for Canadian Native
  • J-1 Visa Waiver Processing and Timeline in 2019
  • J-1 Hardship Waiver for Egyptian Client with Government Funding
  • J1 Hardship Waiver for Brazil Approved

Archives

  • November 2019
  • October 2019
  • July 2019
  • May 2019
  • April 2019
  • February 2019
  • January 2019
  • October 2018
  • July 2018
  • March 2018
  • February 2018
  • January 2018
  • October 2017
  • July 2017
  • January 2017
  • October 2016
  • August 2016
  • July 2016
  • April 2016
  • February 2016
  • November 2015
  • September 2015
  • March 2015
  • February 2015
  • October 2014
  • August 2014
  • January 2014
  • October 2013
  • April 2013
  • December 2012
  • November 2012
  • October 2012
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • November 2010
  • August 2010
  • May 2010
  • October 2009
  • August 2009
  • June 2009
  • May 2009
  • January 2009
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please read our Privacy Notice
©2015 The Ranchod Law Group – Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Scroll to top