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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10754
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I am on F1 visa and carry a STEM -EAD valid till

Customer Question

Hi, I am on F1 visa and carry a STEM -EAD valid till 16-Nov-2016. Unfortunately this year i was not selected in H1B lottery. So i am forced to move to my wife's dependent status J-2. But one good thing is i can get a EAD with J2 visa and continue to work. All i am worried is about the timeline that USCIS is going to take to approve my change of status to J2 visa and approving the I765 work authorization. Is there any way i can apply with priority date of 16 - Nov-2016. So that i can stay in US and continue to work without losing the job.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hi again,

Thank you very much for your positive rating. All I ask is that you provide that for me on this question as well, before leaving the site today. Thank you!

ANSWER: EAD's do not have priority dates. They can only be approved on or after the date you are approved for the status to which you want to change, and which allows for EAD eligibility.

However if your wife is already on J1, you can file for the J2 COS with the EAD concurrently. In Part 2 of the I-539 for COS, you should put the date you want the status to be effective. The USCIS will try to process the application by then, along with the EAD.

Note that it usually takes anywhere from 3 to 5 months for COS, so if you get the application in now, and request that start date, it is more likely than not that it will be processed in time, or shortly thereafter.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Thank you!

Customer: replied 3 months ago.
Hello James,My wife is attending the J1 visa interview July - 21-16. So after that only i can be sure for applying to J2. But i am not aware of what is COS? Can you explain this a little elaborate?
Expert:  Expert James replied 3 months ago.

Sure thing. Kindly remember that your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: COS means Change of Status.

Expert:  Expert James replied 3 months ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

Expert:  Expert James replied 3 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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