J-2 visa holder - form I-765 to get EAD

[stefid9 0]

Hi! I'm having some trouble to understand the whole process for gettinf a work authorization!

My husband is a fulbrighter, for that he will recieve J-1 visa, and I'll get J-2 visa. I would like to work in the US while my husband does his master, I know that I have to applty for a work authorization, and that usually takes up to 90 days. My husband is starting the semester on August, buy I wanted to go on September to start the application process for the work authorization, and return to my home-country for 1 month before formally moving to the US, on mid-November. What are the steps to apply for the work authorization? What do I need to send with the I-765 form? Can I start it and return to Argentina for about a month? What else do I need to do after sending the I-765 form? 

Thank you very much in advance for your help!!

Stefi

[Coco8 1,042]

Here is one set of instructions from a university:

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0ahUKEwj0m4b-ys_UAhXBcj4KHZYJDlYQFggvMAE&url=https%3A%2F%2Fwww.cmu.edu%2Foie%2Fadmins%2Fhandoutpdfs%2Fj2-work.pdf&usg=AFQjCNGkxi_reEmMHZ9fyUVIYnzQEor3aQ&sig2=KikZsiF_3lFzzHCEtsTg2Q

 

You can also ask the people at the international office/house of the university he is going to attend for instructions. 

 

After receiving the EAD you will have to apply for a social security card (like the instructions say). That can take a while too (I think a month). 

 

I'd recommend trying to get a job at the university (you can search their jobs website) because that might be easier.

 

Keep in mind that J-1 and J-2 have the 2 year home residency requirement. If you get the J2 you will have the same issue he will have. Fulbright is not good at explaining any of that. If his program is one a year, it might be too much hassle to go through all the paperwork and you can visit up to 6 months with a visitor visa. If his program is longer, that is different.

 

You can leave the country while your EAD is pending because you have a J2. 

 

 

 

Edited June 21, 2017 by Coco8

[stefid9 0]

4 minutes ago, Coco8 said:

Here is one set of instructions from a university:

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0ahUKEwj0m4b-ys_UAhXBcj4KHZYJDlYQFggvMAE&url=https%3A%2F%2Fwww.cmu.edu%2Foie%2Fadmins%2Fhandoutpdfs%2Fj2-work.pdf&usg=AFQjCNGkxi_reEmMHZ9fyUVIYnzQEor3aQ&sig2=KikZsiF_3lFzzHCEtsTg2Q

 

You can also ask the people at the international office/house of the university he is going to attend for instructions. 

 

After receiving the EAD you will have to apply for a social security card (like the instructions say). That can take a while too (I think a month). 

 

I'd recommend trying to get a job at the university (you can search their jobs website) because that might be easier.

 

Keep in mind that J-1 and J-2 have the 2 year home residency requirement. If you get the J2 you will have the same issue he will have. Fulbright is not good at explaining any of that. If his program is one a year, it might be too much hassle to go through all the paperwork and you can visit up to 6 months with a visitor visa. If his program is longer, that is different.

 

You can leave the country while your EAD is pending because you have a J2. 

 

 

 

Thanks Coco, for the information! 

I would like to work in order to get some experience and do something while my husband is studying, his master last for a year, and I would like to do an  internships while i'm living in the US. But I would like to travel before installing in the US, just for some days in order to start the application process for the work authorization and return to Argentina for an extra month, so I don't have to spend so much time doing nothing. 

Do you think that's possible?? I'm concern about the biometrics appointment or if I'm asked to be in person for anything else, during the month I plan to get back to Argentina. 

What do u think?

[Coco8 1,042]

Just now, stefid9 said:

Thanks Coco, for the information! 

I would like to work in order to get some experience and do something while my husband is studying, his master last for a year, and I would like to do an  internships while i'm living in the US. But I would like to travel before installing in the US, just for some days in order to start the application process for the work authorization and return to Argentina for an extra month, so I don't have to spend so much time doing nothing. 

Do you think that's possible?? I'm concern about the biometrics appointment or if I'm asked to be in person for anything else, during the month I plan to get back to Argentina. 

What do u think?

 

There is no biometrics appointment for an EAD. That is for the green card. They will just mail you the card to your US address and the card will use the picture you enclosed.

 

I recommend that before you send the paperwork, you go to the international office/house of your husband's university and have one of the advisors go through the paperwork. At least in my university they did this for partners because the J2 is an extension of the J1.

 

There is no problem about leaving. They won't ask you to do anything. If your application is incomplete they will send you a letter and your husband will be able to open it. But the EAD takes 3 months so leaving for a month won't be a problem.

 

You do know about the 2 year home residency requirement then? I guess given that it is a 1 year program, he is not interested in a job in the U.S. 

 

 

 

 

 

[stefid9 0]

14 minutes ago, Coco8 said:

2 year home residency requirement

Initially, we don't plan to stay permanently in the US, maybe he would like to do an internship right after ending his LL.M, but our plan is to return by the end of 2018. Do you think this requierment you mention, will be a problem to do that?

 

Thank you SO SO much for your answers!!!

[Coco8 1,042]

17 minutes ago, stefid9 said:

Initially, we don't plan to stay permanently in the US, maybe he would like to do an internship right after ending his LL.M, but our plan is to return by the end of 2018. Do you think this requierment you mention, will be a problem to do that?

 

Thank you SO SO much for your answers!!!

 

I think the J1 allows for up to 18 months of academic training after graduation. He should ask his advisor in the international office when he arrives. There are a lot of small details that are important so it is better if he talks to someone and gets to ask questions. Fulbright is not good at explaining any of this so he should talk to people at the university once he gets there. 

 

You would continue with your EAD while he is doing the academic training. So overall it could be 12 months studying + 18 months academic training. 

 

The 2 year home residency requirement means that you cannot have a work visa (H1-B) or green card unless you have spent 2 years in your home country after your J1 is terminated. This is very strict for Fulbright. The only U.S. based job allowed would be at a international organization because they have diplomatic visas (like the World Bank or U.N.), which are exempt. 

 

 

[Coco8 1,042]

26 minutes ago, Coco8 said:

 

I think the J1 allows for up to 18 months of academic training after graduation. He should ask his advisor in the international office when he arrives. There are a lot of small details that are important so it is better if he talks to someone and gets to ask questions. Fulbright is not good at explaining any of this so he should talk to people at the university once he gets there. 

 

You would continue with your EAD while he is doing the academic training. So overall it could be 12 months studying + 18 months academic training. 

 

The 2 year home residency requirement means that you cannot have a work visa (H1-B) or green card unless you have spent 2 years in your home country after your J1 is terminated. This is very strict for Fulbright. The only U.S. based job allowed would be at a international organization because they have diplomatic visas (like the World Bank or U.N.), which are exempt. 

 

 

 

By the way, with J1 "academic training" that means he would continue to be on J1 and be allowed to work on something related to his studies. Application for internships start very early, even December, so it is important that he finds stuff out early and plans accordingly. Internships are very competitive so he would want to apply for as many as possible. Also, a lot of them might be unpaid or they pay very little (at least that is what I friend told me). I am not sure if he needs to pass the Bar examination (to get a license) for internships; all I know is that it is hard and most people have to take it twice. 

 

These are just things to find out as early as possible so that you can plan your stay. You don't want to miss out on any opportunity because your time on the J1/J2 is limited.

 

 

Edited June 21, 2017 by Coco8