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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default J1 to H4 Status Change Gap

    Dear All,

    I am working with J1 visa and have the 2-year home residence requirement. However, I am processing for the J1 waiver and waiting for the approval. It might be likely that the No Objection Letter will be sent to DOS at the end of Dec. or Jan.

    However, I have to terminate my J1 status by the end of Dec. and need to apply for the status change to H4 base on my husband's h1b visa.

    My question is,
    1) what is the earliest point that I can file for my H4 application? Do I need to wait for the I-797 approval notice paper from USCIS, or, can I file my H4 application once DOS waiver status is changed to 'Favorable Recommendation
    '? or can I file my H4 application while my embassy is processing for the 'No Objection Letter'?

    2)if in case I have to have the I-797 to submit H4 application, and there is some gap between the termination of my J1 status and the start date of filing H4 application, is it a big trouble for me? What should I do to avoid this trouble? (Is it gap allowed between the status change from J1 to H4?)

    Your replies are greatly appreciated.

    Thanks & Regards,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 -> H4 Status Change Gap

    You're not eligible for a H4 visa until your waiver is approved. If you apply for a H4 visa before you have a waiver in hand, you risk wasting the money. Normally you would also have the issue of having to stop working on the J1 the moment your change of status is approved, but it appears you're already quitting. At the same time, if you don't want to take a return trip to your nation of origin while the wrinkles are worked out, you want to get the petition to change your status filed before you accrue unlawful presence. It's a bit of a tangled mess, so I'm reluctant to suggest which course to choose.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: J1 -> H4 Status Change Gap

    Thank you for your reply.

    so, I can file for the H4 application if I want to take the risk of wasting the money, correct? my understanding is that once I was filed for the application of H4 process, then I should have the valid status to stay in U.S.

    the bottom line is I am in 30 weeks pregant so I don't want to take the risk of travling. also, it is very promising that I can get the No Objection Letter from my home coutry embassy so I believe I will get the waiver approval sooner or later..

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