Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor: Can you show that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child? J-2 dependents may study in the U.S. without being required to apply for a student (F-1) visa or change to F-1 status. U.S. laws relevant to waivers of the two-year home-country physical presence requirement: Section 212(e) of the Immigration and Nationality Act. So after 2 years, your wife would be required to return to Pakistan and so would you. The USCIS will process H1B petitions filed for such individuals and, if everything is in order, approve the petitions for consular processing. my questions are: 1. Regarding change of employer on J1 status without going back to home country By Shreyansh , . We will review your exchange visitor program documents to determine if you are subject to this requirement. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, Form I-612, Application for Waiver of the Foreign Residence Requirement, Receive an immigrant visa at a U.S. Embassy or Consulate; or. It is not intended to constitute legal advice and We are sorry that this post was not useful for you! is not a substitute for legal counsel. visa, etc. How does it work in terms of timeline with my current work to H1B approval? Statement from the Principal applicant explaining the basis for the requested change. Exchange visitors are generally also made aware of it at their visa interviews. They may enroll in academic programs as recreational or degree-seeking students. To do this, you will need to submit an I-612 to the USCIS. All rights reserved. In this meeting, the USCIS advised that, per their interpretation, J-2 spouses of Conrad 30 and other IGA waiver recipients may change status only to H-4 during the three-year period when the waiver recipient is fulfilling the terms of his/her waiver. Waiver is going to take some time to come. It is a list of interested government agencies and names of their designated officials. Learn more aboutrequesting a waiver. . Is my answer "BEST ANSWER" and/or "HELPFUL"? Includes instruction in biogeochemistry, climate dynamics, geographical information science (GIS), geophysics, hydrology, landscape ecology, meteorology, and satellite remote sensing analysis. transcripts, equivalency evaluation, license). Their accompanying dependent spouses and minor children are classified as J-2s. Extended family members, such as parents, grandparents, siblings, aunts, uncles, and beyond, are not eligible for a J-2 visa. Change of Status to H-1B Temporary Worker. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If so, you may apply for an exceptional hardship waiver. The head of the agency or his or her designee must sign the Interested Government Agency request and submit it to the Waiver Review Division. It must state your government has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. Being "subject" to the 212e foreign residence regulation does not prevent a J2 from changing to or returning to the U.S. in another visa status, such as F-1 (student), B1/B2 (tourist/business) or under the visa waiver program.
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j2 to f1 without waiver