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Can a J-2 holder get a HRR 212(e) waiver without J-1?

9 years ago By Chief Editor

Question details

My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript:

Read more about Can a J-2 holder get a HRR 212(e) waiver without J-1?

Recording of Free Community Conference Call (Every Other Thursday), 15 October 2015

9 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.

J-2 or J-1 with 212(e) HRR converting to F-1 student

9 years ago By Chief Editor

Question details

I want to pursue MS Degree from US and presently I am living in the US on J-2 visa. My wife is working as a Post doctoral Fellow here on J-1 visa. We both are subject to two years Home Residency Requirement.
My concern is that how can I change my visa status from J-2 to F-1. Do I need to get a waiver before applying -F1 visa?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/ZvUVIGTM-Kk?t=520

Read more about J-2 or J-1 with 212(e) HRR converting to F-1 student

Guestbook Entry for N N, United States

17 years ago By Editor

Name

N N

Country

United States

State

Comment

I would like to take this opportunity to thank the team including Ms Baker, Mr Khanna amd Ms Waddell for their excellent and prompt efforts in helping me transfer out of a J1 waiver job. The team was excellent to work with and treated me with respect and was very professional. The approval came in within 2 weeks without any RFE's.
The chances of approval were poor due to lack of consent from the primary state, but the team achieved nothing less than a miracle. Cheers!!! and Congratulations!!!! God Bless you!.