Change F1 (OPT) to J1

[kellyrulez]

hello, here's my situation: german citizen, U.S. master's holder, currently on OPT which is good thru jan. 2008.

I work part-time to pay bills at the moment, and I have an interview next week for a associate product management position with an IT company. I assume all h-1b's will be gone by the time that I could actually get the job. here are my questions:

1. Is it possible at all to change status from OPT (F1) to J1? I'm asking because OPT is practical training and I'm not sure if you can change to another form of practical/professional training (J1) while residing in the U.S.

2. I will not receive any funding from my home country or the U.S. Would I be subject to the 2 year HRR? I checked out the DOS skills list, and I haven't found Germany on that list. I read somewhere on the web that the 2 year rule usually doesn't apply for citizens from western europe.

thanks in advance for any info/input!

 

[LucyMO]

I assume all h-1b's will be gone by the time that I could actually get the job. here are my questions:

the visas are all gone. the quota is over.

1. Is it possible at all to change status from OPT (F1) to J1? I'm asking because OPT is practical training and I'm not sure if you can change to another form of practical/professional training (J1) while residing in the U.S.

you are not actually residing in the States. You are here on a non-immigrant visa. Yes, it's possible to change from F-1 to J-1.

2. I will not receive any funding from my home country or the U.S. Would I be subject to the 2 year HRR? I checked out the DOS skills list, and I haven't found Germany on that list. I read somewhere on the web that the 2 year rule usually doesn't apply for citizens from western europe.

if your country doesn't have a skills list, then you are not subject based on a skills list. You don't have any financing from US or your own govt - then you are not a subject based on that. Unless you are a medical graduate - which I assume you are not, then you are not a subject. People from Western Europe can be subject to HRR.

 

[kellyrulez]

the visas are all gone. the quota is over.

you are not actually residing in the States. You are here on a non-immigrant visa. Yes, it's possible to change from F-1 to J-1.

if your country doesn't have a skills list, then you are not subject based on a skills list. You don't have any financing from US or your own govt - then you are not a subject based on that. Unless you are a medical graduate - which I assume you are not, then you are not a subject. People from Western Europe can be subject to HRR.

thanks LucyMO for your answer!

what about the fact that I am currently on OPT? would that make it impossible to apply for/get a J1 visa? to be sure, I don't work at the moment in the sense of taking part in some sort of "training." I part-time telecommute to pay bills. could I argue that I'll engage in a 18-months professional training program during the couse of which I'll work in various departments of the company etc. with a reasonable expectation of getting the J1 approved?

thanks again for your help and advice!