J1 to F1 while waiver is pending.

S

shakoi

Registered Users (C)
Dear All,

I came to US for 2 yrs. as a J1 student for Graduate studies in 2003. I applied for waiver of 2yr HRR on "no objection" basis. Got not favorable recommendation from DOS. In Dec 2005 i applied to USCIS for waiver of 2yr HRR on the basis of "fear of persecution". While my case is still under the review, can i enroll in a school in US? can i get the F1 visa if i get admitted to a school, without returning to my home country? (returning to my country means i am abandoning my application for waiver i guess). I would appreciate your opinions on this matter. thanks.
 
Your writing was not clear, but I think you meant that you were denied the no-objection waiver and you are waiting an answer on the other waiver.

You're probably out of luck is my guess until you get (a) the favorable recommendation, and or (b) The no objection itself, or (c) you return home for the F1. But don't take my advice as the truth. I'm not a lawyer and you were not clear to begin with.

Also, just because your waiver is being processed, doesn't mean you cannot get another non-immigrant visa. It just means you cannot apply for an Immigrant visa. It also means you cannot overstay your visa just because it is being decided on. Returning home doesn't abandon your waiver application. Unless you did something stupid like overstay when you had a J-1 with HRR.

See if anyone else has something to write on this matter.


shakoi said:
Dear All,

I came to US for 2 yrs. as a J1 student for Graduate studies in 2003. I applied for waiver of 2yr HRR on "no objection" basis. Got not favorable recommendation from DOS. In Dec 2005 i applied to USCIS for waiver of 2yr HRR on the basis of "fear of persecution". While my case is still under the review, can i enroll in a school in US? can i get the F1 visa if i get admitted to a school, without returning to my home country? (returning to my country means i am abandoning my application for waiver i guess). I would appreciate your opinions on this matter. thanks.
Click to expand...
 
You must log in or register to reply here.
Top