J-1 to O-1, HRR? (fulbright)

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forum12

New Member
I'm very glad to have found this forum.
I was a fulbrighter 2002-2003. I've been in the u.s on a F1 since, but this is about to expire. I am in a position to obtain an O-1, but am trying to make sure that I'm not required to fulfill the 2yr HRR before I can get one.
I know I cannot do a change of status in the US, and will have to go back (Norway) but does anyone know if they might refuse me the O-1 on account of the residency requirement?
Thanks for any help!
 
Since there have been a lot of J-1 to O-1 visa holders, I suspect that it is quite possible to get the O-1 visa in your home country. Having said that, each case is different, and often depends on the whims of the consular officer. So yes, they might refuse the O-1 (not necessarily because of HRR but because of your continued desire to remain in the US beyond your J1 program which might indicate intent to immigrate. If you do go to Norway, you will probably have to provide above normal evidence that you do not intend to remain in the US after your O-1 period.
 
since you are in F-1 status right now, you are eligible to change status. You cannot change status directly from j-1 to H1, O1, F-1, etc. However, you can change it from F-1. You won't be able to get H1 visa if you leave the States and want to come back, but O-1 shouldn't be a problem.
 
If you were subject that will stay with you even with an F1 visa.

Your old J1 program paper/DS forms should say if you are subject or not?

Now if you're subject get a waiver and do get the O1 (nothing to loose since you're subject)

If you're not subject then go for an H1 it is better for future immigrationmaters (dual intent)

But I see no problems with you getting the O1 visa and getting a stamp back in your country or in a third country (not advisable just in case). the consulate will most likley note you're subject on your O1 stamp if were subject.

Getting the O1 visa stamp should require nothing special on your part. Aproval or denial has nothing to do with your prior J1 program, although they might ask you few more questions.






forum12 said:
I'm very glad to have found this forum.
I was a fulbrighter 2002-2003. I've been in the u.s on a F1 since, but this is about to expire. I am in a position to obtain an O-1, but am trying to make sure that I'm not required to fulfill the 2yr HRR before I can get one.
I know I cannot do a change of status in the US, and will have to go back (Norway) but does anyone know if they might refuse me the O-1 on account of the residency requirement?
Thanks for any help!
Click to expand...
 
I am subject to the 2 year HRR and recently switched from J-1 to O-1 visa without any problems.

My O-1 visa interview at the US Embassy in my home country was rather short. Here is how it went:

After I submitted my paperwork, I was asked to have a seat and wait my name to be called. After about half an hour or so, my name got called. After I approached the window, the consular officer first took my finger prints. He then asked me the following question: Sir, what is it that you will do at your university?

I gave him a two-sentence answer. And that was it. No further questions!

I was actually worried a bit about the possibility of getting grilled about my previous J-1 and home residency requirement, but fortunately that did not happen. Also, I think it is important to establish the fact that you have no immigration intent whatsoever when you apply for the O-1 visa, which is strictly a non-immigrant visa. I am single, have no family in the US and no immigration petition on file. Also, I answered "Temporary Employment" to the question on the visa application form that asks what the purpose of your trip is. Thus, I was not asked any additional questions to verify my non-immigration intent.

Finally, since we are still subject to the 2-year residency requirement, if you are ever asked about your future plans during one of these interviews, I was advised that the best answer would be to say that you plan to return to your country after you finish whatever you will do while on the O-1 visa.
 
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