From J1 to F1 after getting waiver

[vijayachandar]

Hi,
I am in US on J1 visa (Exchange visitor) since June 2004. My visa gets expired on Dec 2005. HRR 212(e) rule applies for me. I HAVE GOT WAIVER FROM INS. Now i want to convert to F1. I have following issues.

1. Is mandatory that I should leave US and go to my home country to get F1 visa?

2. If it is not mandatory to go to my home coutry, do I have to go to any other country for stamping?

3. Once I finish my studies, if I want to change to H1 visa, do I require any kind of waiver again.

Please reply as my J1 expires in Dec.

Thanking You,

 

[Streamflow]

1. Is mandatory that I should leave US and go to my home country to get F1 visa?

2. If it is not mandatory to go to my home coutry, do I have to go to any other country for stamping?

3. Once I finish my studies, if I want to change to H1 visa, do I require any kind of waiver again.

1. There is a visa status and there is a visa sticker (or just a 'visa'). Since you got a J-1 waiver, you may change a visa status from J-1 to F-1 inside US, i.e. you don't need to leave US. If you need to get a F-1 visa sticker in the passport for travels you should leave US and apply in US embassy (or consulate) abroad.

2. You may apply for F-1 visa sticker in your home country or in Canada or Mexico.

3. No, you don't need a new J-1 waiver if you are going to change status from F-1 to H-1B in the future. You may also change status from J-1 to H-1B now without leaving country.

Good luck!