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Change of status from J1 to L2

Change of status from J1 to L2

Old Sep 30th 2002, 9:59 pm
  #1  
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Default Change of status from J1 to L2

Hallo,

I am in the US on J1 (Trainee) and will soon marry my fiancee, who is L1A-Holder.

What do I have to do (I don't wanna have a Lawyer, it's to expensive), in order to get L2 status. What forms?

What happens in the meantime after filing but before approval? Am I still J1 in the meantime? Because I'd like to finish my trainee programm.

Does someone know, how long it takes to get the application approved?

If I get the Approval before the expiration date of my IAP66, can I go on working until the expiration date, or do I have to stop at the date I file for change of status or at the date of approval or when? I really want to finish my trainee program.

Thanks,

Ivonne
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Old Oct 1st 2002, 5:27 pm
  #2  
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Default Re: Change of status from J1 to L2

Nobody knows???
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Old Oct 1st 2002, 6:42 pm
  #3  
Sylvia Ottemoeller
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Default Re: Change of status from J1 to L2

"Ivonne" wrote in message
news:[email protected]
.com
...

    > I am in the US on J1 (Trainee) and will soon marry my fiancee, who is
    > L1A-Holder.
    > What do I have to do (I don't wanna have a Lawyer, it's to expensive),
    > in order to get L2 status. What forms?

You will file Form I-539 with the INS Service Center for your residence. Be
sure to check the INS web page for that particular Service Center. It
specifies separate addresses for filing each form. May sure you have
included all supporting documents which may be helpful, including your
marriage certificate and a copy of your husband's L-1A approval notice.
Keep a full set of copies for your records, and mail it USPS certified
return receipt requested, or FedEx or UPS or some other courier with proof
of receipt. If you use the latter two, you will have to use the street
address of the INS Service Center.

    > What happens in the meantime after filing but before approval? Am I
    > still J1 in the meantime? Because I'd like to finish my trainee
    > programm.

Strictly speaking you should stop working under the J-1 authorization. The
I-539 does not indicate a requested start date for the requested status.
This means that INS could approve the I-539 at any moment, and on that day
you will hold L-2 status, and any employment would be unauthorized.

You can apply for L-2 work authorization as soon as your I-539 is approved,
but that application takes awhile also, at least 3 months, from filing to
approval.

    > Does someone know, how long it takes to get the application approved?

Check I-539 under the relevant INS Service Center:
http://www.shusterman.com/toc-sc.-
html


    > If I get the Approval before the expiration date of my IAP66, can I go
    > on working until the expiration date, or do I have to stop at the date I
    > file for change of status or at the date of approval or when? I really
    > want to finish my trainee program.

If you really want to finish your trainee program and maintain perfect
nonimmigrant status, you should time the I-539 so that it arrives at INS the
day after you stop working in your trainee program. You have a 30 day grace
period after the end date on the IAP-66, in which your stay in the U.S. is
still legal.

Practically speaking, perhaps you should try to time the I-539 filing so
that the approval will occur a few weeks after the end of the J-1 program.
 
Old Oct 1st 2002, 9:40 pm
  #4  
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Default Re: Change of status from J1 to L2

Thank you, silvia,

I also heard, that I can apply for work authotization simultaniously when I file for change of status. Do you know something about it, because I couldn't find any information?

In other words, I could work on my J1 until the approval of L2 and work authorization and then go on working with this work authorization. Do you think, this could work?

Ivonne
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