J2 to H1B change of status

Question

J2 to H1B change of status

Anonymous Mar 6, 2015 6 views 2 answers

I'm currently a j1 physician, planning on getting a J1 waiver after I finish my residency. My spouse is on J2 currently and is employed in the US. She used to be on J1 herself as a student but then when her program ended she acquired a J2 visa via US embassy in home country (she did not do the 2 year home requirement between the end of her student J1 and the start of her J2). Assuming I get the J1 waiver, how should my spouse go about the change of status from J2 to H1B (she doesn't want H4 obviously because she won't be able to continue working). Is the USCIS still not approving this change of status? Should she apply for H1B through the US embassy in her home country? and if so, will she need to fulfill the 2 year home requirement of her previous J1, before getting approved for an H1B?

Lynne Feldman · Answer 1 · 2026-06-15T13:47:10+00:00

I am not sure there are enough facts to answer. If she was previously on a J-1 though she will need either an Advisory Opinion that she is not subject to the 2-year foreign residency requirement or a waiver of her own before she can change to any H classification.

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Answer 2 · 2026-06-15T13:47:10+00:00

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Jun 15, 2026

If she is subject to eh two-year residency requirement, she will need to apply for a J waiver..

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J2 to H1B change of status

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