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Changing Status from F-1 OPT to J-1 EAD

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  • 05-12-2014, 10:16 AM
    cknaga
    Changing Status from F-1 OPT to J-1 EAD
    Hi,

    I am currently on F-1 visa working under post-completion OPT. My husband is on F1.. We are planning to apply for J1 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,
    Chitra
  • 05-12-2014, 05:13 PM
    Mr. Knowitall
    Re: Changing Status from F-1 OPT to J-1 EAD
    Deja vu, all over again.

    Once your status changes to J-2, you will no longer be in F-1 status and thus will not qualify to work based on F-1 OPT. I know of no provision for seeking J-2 EAD before you are in J-2 status. Once you have a J-2 visa it will take three to five months for your petition for EAD to be processed. As part of your application you'll need to establish that your spouse will not be dependent upon the income you'll be earning. You cannot work on J-2 EAD until you receive a work permit.
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