J2 to O1 during J1’s waiver?
I’m a physician currently in my last year of J1 status. I’ve been offered an attending job that plans to sponsor my J1 waiver starting in July 2027.
My spouse is currently on J2 status with an EAD and is working. We really want to avoid a situation where he has to stop working during my 3 year waiver period.
He is an artist with a strong portfolio, and we previously consulted an immigration attorney who felt an O1 case would be feasible for him. At the time, we decided to keep him on J2 with EAD until I finished my J1.
Would it be feasible for him to switch from J2 to his own O1 status while I transition to H1B through the J1 waiver, so that he can continue working independently during my 3 year waiver commitment?
Has anyone done something similar, or are there any issues with spouses maintaining separate statuses like H1B and O1 during the waiver period?