J-1 to F-1 to H-1B

The J-1 question in the I-129 form is the following:

Is the beneficiary of this petition a J-1 nonimmigrant alien who received a waiver of the two-year foreign residency requirement described in section 214 (l)(1)(B) or (C) of the Act?

Now, the answer to this question would be "No" if the beneficiary of the petition never had a J-1 visa before. The answer would also be "No" if the beneficiary is a previous J-1 holder without a waiver. The answer is only "Yes" if the beneficiary is a previous J-1 visa holder who got a waiver.

So, the answer can be "No" in several different situations. So, this question alone is not sufficient to determine whether the beneficiary never had a J-1 before or had a J-1 but did not get a waiver. They should have probably added a few more follow-up questions here, like whether the beneficiary ever had a J-1 visa in the past.


GotPR? said:
No, that was not my point. Maturity won't override HRR as rule is clear.
I'll take back what I said in my last post.

Before considering waiver, I'll insist you to ask your employer to check I-129 form they submitted.
If they answer J1 question in I-129 incorrectly(that is what I suspect happened), it can cause very serious problem(parmanent bar to the US if considered immi fraud).
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What about J2toF-1

Hi adcyprian
I am on J-2 dependent visa with 2 year home country requirement. I am offered a PhD position in the university. I am adviced by our university OISS office that I can continue on J-2 as a student instead of having F-1. But, I am interested to get J-2 converted in to F-1. COnsidering that I have 2 year home country requirement, what is that chance that US embassy in India or Canda will grant me F-1 visa?
Your experience and comments shall be highly appreciated.
 
drshahvet1,
I believe it is possible to obtain a F-1 visa without having to get a waiver. However, despite being on a F-1, you will still be subject to the 2 year HRR as someone who once held a J visa. So although you can convert to a F-1 (and that is something the university can manage for you), you will be unable to go from that F-1 to an H, L, or green card without obtaining the waiver. There is no reason for the embassy to refuse to grant you a F visa as it is just as valid a non-immigrant visa as the J. You will have to (as usual) prove that you have no intent to immigrate.
As for the waiver, you cannot apply for it. Your J-1 principal has to. Therefore, unless you have compelling reasons to switch to a F-1, I suggest you retain your J-2.

You can be a full-time student on a J-2 just like an F-1, and you can furthermore apply for employment authorization, which enables you to work anywhere you wish, with a J-2, something you cannot do with a F-1. I believe staying on a J-2 will be more sensible and more beneficial than transferring to a F-1, where you will gain nothing but lose some privileges.
 
Any updates on the case?

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.
 
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