Long time lurker, first time poster. I have learned lots of valuable information reading this forum over the past year.

Some background info. My husband and I are Irish, he is a doctor and came to the US in June 09 on a J1 visa to take up a residency position, I followed over in September on a J2. This position was initially for 1 year and our visas expire in June. Our visas do have the 2 year HRR.

It looks like he will be kept on to finish residency here (we'll find out for definite in March), he will still be a J1 obviously. With that in mind I have applied for a PhD position, I am progressing through the inteview process and the moment but it looks like I might get it (the take 10 students a year and I already have a MSc and some experience in the field).

The PhD comes with a stipend +tuition +healthcare. I presume that the stipend is considered employment and I would need an EAD. I would like people's advice and opinion on the pros and cons of these two options.

1) J2 + EAD
2) J1 in my own name

Speculating:
If the PhD funding comes from a government agency, the J-1 might have a 2-year home residency requirement (HRR) attached. If that's the case, staying on J-2 with EAD might be better.

It will probably have the HRR (public uni attached to public hospital), but my existing J2 does too. I obvioulsy can't get any other class of visa because of this rule but can I go from a J2 to a J1?

It actually is possible to get a different status after having J-1 or J-2, even with the HRR. The options are limited, but might be worth exploring. You could, for example, get F-1 status. You couldn't change to this from J-1 while remaining in the US (because of the HRR), but you could return home, get an F-1 visa at the consulate, and return in F-1 status. The F-1 might have advantages over a J-2 - you may be able to stay longer to finish the program, for example.

Eventually you will have to comply with the 2 year HRR unless you get a waiver, but you might be able to delay if you need to.

emartin: many thanks for your reply

Regarding the HRR, we obviously have to go home I just want to make sure I cover all bases in case one of our programs finishes earlier than the other.

Returning to Ireland for a few weeks in the summer is not a problem, I think July in Dublin is preferable to July in Houston :-)

I'll read up on the F visa and see what the options are. There are some scholarships available for me to apply for (eg Fullbright) which insist on J status, but I think securing my status is more important.

My main concern with staying on the J2 is the EAD. I arrived in Sept 09 and applied for mine at the end of Sept (I stupidly didn't register the letter so I can't prove it arrived) and I haven't got anything yet. Is this normal for a J2? Immigration adviser at hubbie's uni did say it could be 3-6 months? I don''t really want to face that every year. If my husband gets a five year contract will I be able to get an EAD valid for the five years or will need a new one every year?

EAD's are usually valid for one year. Some are valid for 2 years under certain circumstances (but not, I believe, for a J-2). You will need to apply for a new one each year if you want to keep working... and if there is a gap in coverage between the time one ends and you receive the new one, you must stop work for the duration.

Ian

thanks ian-mstm

As I'm looking to do a PhD program stopping work because of an EAD running out could cause untold hassle. I'm starting to think having a visa in my own right is a better option.

well you can apply for a renew before it expires...

Oh I know I can renew it months before it runs out. I am waiting 4 months for my EAD at the moment though. I don't want to do anything that could endanger my postgrad or my stipend.

4 months? 90 days is normal, often faster. You might want to follow up on that.

CIS is supposed to adjudicate EAD applications in 90 days. If you haven't received yours by now, you can make an Infopass appointment and the the CIS District Office your problem. The district office then follows up with the Service Center where the 765 is pending. http://infopass.uscis.gov/.

You should be able to arrange it that there is never a gap in EADs if you apply for a new one 5-6 months before the old one expires. You might have an overlap, but that's better than coming off payroll because of a gap.