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  1. #1
    Join Date
    Feb 2014
    Posts
    3

    Question Can You Change Your Status from F-1 (OPT) to J-2 (EAD) While in the U.S.

    Hi,

    I am currently on F-1 visa working under post-completion OPT. Since I got married last month and my wife is on J-1 visa, I intend to convert my visa to J-2 and obtain an EAD (under J-2). As I understand, I would need to file I-539 for the change (or adjustment) of status to J-2 and then file I-765 to get an EAD. However, my confusion is the interim period between receiving approval of J-2 and approval of EAD.

    From USCIS website, I found that I can apply for receiving EAD (work authorization) under J-2 visa, after I receive my J-2 visa. So, on the day I get approved for J-2, I believe my F-1 (OPT) would get terminated the same day. Only then I can apply to get an EAD (I-765) under J-2. So, how would I be able to work during that period when I have J-2 approved but I will still be waiting for my EAD (under J-2) approval.

    Is there any solution to this situation, so that I can continuously work during the transition of my visa status.

    If anyone has experienced this situation, or the visa experts, if you are aware of possible solution, please help. Your support is greatly appreciated.

    Thanks,
    Archit

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Converting F-1 (Opt) to J-2 (Ead) While in Us

    What is she doing under a J-1? Many positions do not allow a spouse to obtain a J-2.

  3. #3
    Join Date
    Feb 2014
    Posts
    3

    Default Re: Converting F-1 (Opt) to J-2 (Ead) While in Us

    Quote Quoting Disagreeable
    View Post
    What is she doing under a J-1? Many positions do not allow a spouse to obtain a J-2.
    Thanks @Disagreeable for the quick response.
    She is pursuing medical residency as J-1 physician visa. I am aware of 2-year home residency requirement, but we plan to go back to our home country after she finishes her education. She has 2.5 more years to go till finishing her education.

    Thanks again.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Converting F-1 (Opt) to J-2 (Ead) While in Us

    Apparently, this is not about you. It is about what her sponsor wants to do. They must make sure you have insurance and meet other compliance criteria.

    http://j1visa.state.gov/participants...lity-and-fees/

  5. #5
    Join Date
    Feb 2014
    Posts
    3

    Default Re: Converting F-1 (Opt) to J-2 (Ead) While in Us

    Quote Quoting Disagreeable
    View Post
    Apparently, this is not about you. It is about what her sponsor wants to do. They must make sure you have insurance and meet other compliance criteria.

    http://j1visa.state.gov/participants...lity-and-fees/
    Thanks for the reply.
    Yes, I have gone thru the requirements and I have met all of them. Also, I have obtained an DS-2019 from the sponsoring institution (ECFMG in her case).

    My confusion is, how can I be allowed to work during the interim period, when my J-2 (I-539) is approved and my EAD application (I-765) under J-2 is still pending? My current F-1 (OPT) is valid till September-2014, but I believe it would be terminated on the day I receive approval notice for J-2. So, what could be the workable solution in this situation?

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