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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 111657
Experience:  Immigration Law Expert
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I am a physician doing my residency training on J1 visa and

Customer Question

Hi. I am a physician doing my residency training on J1 visa and my spouse is doing residency on a j2 visa. I finish my training a year ahead of my spouse and I would like to know what options my spouse has to continue his residency when I get into a J1 waiver job! And just letting you know that my spouse won't be eligible for a J1 from ECFMG as he has already been on a J1 before his current j2. Thanks in advance!
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: J1. I don't right now
JA: Have you talked to a lawyer yet?
Customer: Not yet. But I am meeting somebody next week.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was told by the immigration attorney at my hospital that I should consider looking at fellowship options so that I can keep my J1 however getting a J1 waiver is much easier than getting a fellowship
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
I did hear from a couple of colleagues of mine who were in this situation, but I wasn't sure about the timing when my spouse can get his EAD so that he can be ready to start his following year of residency on time. Can he do residency on h4 ead and is it easy for him to apply for an EAD once I sign my J1 waiver contract?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He could do his residency on an H4 if you manage to get hired here in the US and get an H1b visa. That is an alternative for him if he cannot do a change of status to get his own J1 visa status. At this point though, you should not be waiting and should have a local immigration attorney working with him now to also explore some other visa status based on his occupation and needs, because many times there are short term programs that provided for other types of visas he can qualify for, but if there are none, then he is stuck to changing status based on your change of status and taking a job on an H1b visa status.
Customer: replied 1 month ago.
Thank you for the response! Can you tell me how long it takes for my spouse to get a h4 EAD once I sign my J1 waiver contract?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
It all depends on how busy they are at the time you apply for the waiver contract, but generally the EAD cannot be applied for until you are approved and it can take 4-6 months for approval.