J1 to F1 conversion while in US

[rpunk]

Hi everybody,

I would very much appreciate your input to help me resolve my tricky situation.
I am on a physician J1 and for various reasons I need to convert to an F1. I already have my I20 in hand. My question is: Can I convert from a physician J1 to an F1 without leaving the US by filing an I-539? or Do I have to leave US and file for the F1 from the US consulate in my home country or Canada?

My situation is an urgernt one, and I thank you in advance for your input.

[swtblcn23]

J1 visa holders are subject to the Two Year Home Residency Requirement. It means you have to go back to your home country for two years before you can apply for another type of visa. However, a waiver to this rule can be obtained. For more information, go to US Department of State website.

[rpunk]

Thank you for your repply swtblcn23.

My understanding: The waiver for the two year home stay residency requirement is necessary only for certain types of future visas - mainly immigrant visas such as H1 and green card. For non-immigrant visas such as F1, one does not require the waiver or to complete the 2yr home residency stay proir to obtaining the F1. However, the 2yr home stay requirement and the waiver will roll over into the future, should one decide to get an H1/GC.

My question: can I change my status from J1 to F1 by filing the I-539 within the US itself, or do I have to go back to my country of origin to obtain the F1 from the US consulate.

Thank you

[swtblcn23]

Yes, you can change your status to F1 either from your home country or through a third country.