From J1 (with 2HRR) to F-1, to H1b status.

L

lorenta79

New Member
I have a question about my status.
I came on a J1 visa (sponsored by USIA) in 2000. Then went home, stayed 3 months and fot an F1 visa. I returned home several times to visit and renewed to an F1 each time. I got a job and changed to H1b status from within the US. A lawyer told me that there is a difference between visa and status and I would be able to get H1b status but not visa. Is that still the case?
I want to apply for GC. what are my options, chance to get it?
also, if I go to Canada and try to get an H1b stamp in the passport, would I be denied, or will it be aproved? anyone has any information on that?

Also, what does it mean to obtain a recomendation from DOS? if they deny, can that go against my case? is it recorded somewhere?

Thank you for all information.


I have exactly the same situation you do, and I am now about to file for perm and GC through my employer. I was wondering if you succeded in getting your visa in Canada, and whether you pursued a CG application.

THank you.
 
H1b stamp

lorenta79, I have exactly the same situation - I wish that person told us if he/she got the visa or not. Do you have any info on this ? I am planning to go to London to get it stamped - I'm just hoping for luck...
DOS opinion is when they check if you are subject to the 2-year req or not. I have no idea if it will influence the case in any way. I was sponsored by USIA too so chances of getting a waiver are slim to none.

Thanks
 
The law is clear on this. Its a loophole.

1. You cannot get a stamp. If you leave the US you will not be able to re-enter until you have served the 2 year HRR.

2. You can adjust status from F to H even if the HRR still applies. This is the said loophole. So you are currently in-status and everything is fine. But you can't travel.

3. Trying to get a stamp is highly risky. Its very likely you won't get it because you have to list your past J-1 on the application form. In almost all the cases you get denied. If you lie on the forms, you are subject to deportation and other punishments.

4. You cannot adjust to GC status while HRR applies. They check this very thoroughly. Nobody gets away with it, so don't even try.

You are on H now, so use the time to get a J-1 HRR waiver. Once the waiver is through get a stamp. Remember, you can't file for I-485/AP to travel. The I-485 would be denied immediately until you have the waiver.
 
nscagony,

Thank you for your reply. I am considering starting the waiver process, however since I was sponsored by the US Government ($20,000 grant - it says that on my IAP-66) I almost certainly will not get it. What is your advice on this ? Also, is there a way to return the money to the US Government to improve the chances of getting a waiver ?

Thank you for your help
 
Hi guys,

I just want to clarify: So if someone has changed from J1 to F1 without serving the 2 years of HRR, he can still apply to change status from F1 to H1 (STATUS, not visa) ? and with that H1 status (not visa), can he work legally ?

Thanks a lot for your help.
 
nt7272, thats an interesting question and the answer is yes and no. You can go from J1 to F1, thats not a problem. Now as for H1, the law says you cannot get a dual-intent or immigrant-intent visa or become a permanent resident as long J1 HRR applies. That doesn't mean you can't be in H1 status though. I know several people who have successfully adjusted status from F1 to H1 while being subject to the HRR. There is of course a downside though: You cannot travel (since you can't obtain a H1 visa to re-enter), and you cannot file a I-485 or do consular processing until you served the HRR or got it waived. For this reason my lawyer recommended to serve or waive my HRR before applying for H1, which I did.
 
Thanks nscagony

Actually the first posters of this thread are those that could adjust their status from F1 to H1 while HRR was still in effect. The point I want to clarify is that say if I submitted the application to "adjust status" from F1 to H1 inside the US, can the people at INS turn it down because of my pending HRR ?
 
J1 Stamping, Waiver, Travel

I am on J1 (Research) since May 2004 and last year my employer extended my DS-2019 for another two years till April 2009 (Full five years). My spouse is on J2 and working on EAD.

My NORI is expected in Mar-Apr 08 and I have to apply for waiver ASAP. If I reserve my case number now and I mention in statement of reason that my employer would be applying for my Green Card/H1b, would this information and pending waiver application accessible to US Embassy in India?

As we have to go to India around Apr-May 08 and would need J1/J2 stamping to return. Wether applying for waiver prior to stamping might result in denial of J1/J2? Or should I prefer to apply for waiver after our return to US.
 
nt7272, it really depends. The law does not strictly disallow H1 STATUS while you are under the 2 year HRR, and people definitively get away with a COS to H1. But it is also subject to interpretation and if an IO decides to deny your COS request you might be out of luck. This is certainly a gray area, so its a bad idea to rely on it.

tiwari, if you have immigrant intent you can't get a J1/J2 stamp since thats a non-immigrant visa. So better get the stamp first.
 
Thanks again, nscagony

I have another question which is not related to this matter: Supposed a US company decides to hire me as an employee, and they/I apply for "status change" from F1 to H1. If my wife is not in US, and she already has a valid F2 visa, can she still enter US with this visa ? In other words, when will this F2 visa be invalidated ?

BTW, I read from somewhere that after someone is granted an H1 status, he can still be on his F1 visa (i.e. the F1 visa is still valid), is that correct ?

Thanks again.
 
F2 becomes invalid. She needs to pick up an H4 visa. If she was on F1 that would still be valid as long she is a student.
 
J1 travel question

Hi, I have a question regarding travel outside US. I'm subject to 2 yr HRR and my J1 status expires this July 14, 2008 and I'm planning to travel this April to get my No objection. This is my last year teaching here in the US.I already have a case number but my waiver still pending because I don't have my No Objection yet.Can I renew my visa in the US embassy with 4 months J1 valid left? please help me because I'm really confused if I go back or finish my contract here and stay there for 2 years.

thank you

jongco
 
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