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J1 to F1 with two year resident requirement

Discussion in 'General J Visa and Related Issues' started by s4michi, Aug 14, 2009.

  1. s4michi

    s4michi New Member

    Change of Status from J1 to F1 with 2 YHRR

    I am currently hold a J1 visa with a 2 years home residency requirement (J1 expires on 22nd of September) and I want to change my status to a F1 visa.

    The more information I find in Internet the more confused I am so I am writing you hoping thatyou could give me an answer since I am really confused and need some help before I start any process and have a mistake that may cause me bigger problems in the future.

    My question is regarding the possibility of change the status without having yet (have not apply yet and would take 2 to 3 months to get it) the waiver. I have read that the restriction applies for work visas such as the H1 and similar but not for other type of visa (probably a F1?).

    In case it does not apply for a F1 I would have no problem (hopefully) to change my status, but if it does I would, what should I do? Ask for the change of status even without the waiver? apply for the waiver and F1 visa at the same time? Would I need to leave the country if so? Can I be in a F1 until the waiver is finally approved?

    Also, if I need the waiver, could I transfer from the J1 to a tourist visa and wait until the waiver is approved? or, is there any "status" that would let me stay until is it aproved/denied?

    I know it is a lot of questions and my explication is not the best but I hope you can understand my situation and doubts.

    Looking forward for hearing from you

    Best Regards,

    Miguel Iglesias
  2. abhuda

    abhuda Registered Users (C)

    No need of J1 wavier-You can switch from J1 to F1, but you will need to go to your home country and re-enter with F1 stamp.

    You can not change J1 to F1 status within U.S.
  3. s4michi

    s4michi New Member

    Thanks for the answer,
    In some school they have told me that I can apply directly, without leaving the country as long as I am not out-of-status with my J1.
    I do not need the F1 stamp in my passport since I do not plan to re-entry the country, but I am not sure that this sentence make any sense related with the laws (sorry for my english!)
  4. kitten3

    kitten3 Registered Users (C)

    When I switched from F1 to J1, my J1 program told me to get J1 visa. I think you need to make your status into F1. We foringners are always asked to write down our visa status in many documents. If you don't get F1 visa stamp, what are you going to write down as your visa status when you need to do so? When we apply for F1, they ask us to submit many documents and proofs other than I-20 and then they check you up with those information. Thus, I-20 is not equal to F1 status proof. If the school officers who told you that you can change your status within US, ask them how. If you don't get sticker on your passport, you may want to ask the officer to show you that you are F1 status in the government record and give you the proof. (Also, you have to check that your J1 status gets terminated in the record. Otherwise, your J1 record remains active and you (J1 you) become a missing foreingner in the government record, even you are doing good in your F1 status.)

    My J1 visa officer told me that there is a way to swich from F1 to J1 within US. But, it costs more and takes a lot longer (months). You have to send your pasport and other documents to somewhere. I did not like to be without my passport and DS2019 in US for long period and just went to my country to chenge my status from F1 to J1.
  5. s4michi

    s4michi New Member

    Thank you but the case is not to change my status from a F1 to J1 but a J1 to F1 (which would be possible) with also a 1 YHRR which does not allow me to change such status in the US.

    I will come back to my home country and apply from there to a new F1.
  6. msarsan

    msarsan New Member

    I did change from J1 to F1 one year ago, I had the two year restriction then... and what they do is just move your restriction to the other visa... so I still have the restriction but is active until I finish my degree and my OPT... If I decided to study more they will just move the restriction again...
  7. Rose2915

    Rose2915 New Member

    Did you change to F1 inside the USA?
  8. vicentemra

    vicentemra New Member

    Anyone here has changed from j1 to f1 and start fulfilling the two-year rule on the f1?
  9. newacct

    newacct Well-Known Member

    According to the law, Change of Status from J1 is not allowed if you have not fulfilled the 2-year home residency requirement.
  10. vicentemra

    vicentemra New Member

    It is legal. F1 is non-immigrant visa. One still has to fulfill the 2yhrr of the j1. The question is, can it be during the f1?
  11. newacct

    newacct Well-Known Member

    I didn't say you can't get the visa. I said that Change of Status is not allowed by the law. It says it very clearly in the law.
  12. vicentemra

    vicentemra New Member

    Sorry that I might have not explained myself properly. The j1 visa is over. One applies for another visa, in this case an F1 (it's not a change of status, but two different visas in a raw). During the period in which the f1 is active, can one start fulfilling the 2yhrr? Thanks
  13. newacct

    newacct Well-Known Member

    The requirement simply says that you cannot apply for H or L visas or permanent residency until you've been physically present in your home country for a cumulative total of 2 years. You can get any other visas as you want, but any time you spend in the US or in any country other than your home country will not count toward the 2 years. The 2 years is cumulative, and does not have to be one continuous stay.
  14. vicentemra

    vicentemra New Member

    If the j1 and the f1 are both for the same program (PhD), is that still the case? Also, what are the documents needed to proof that you are at your home country? (This last question maybe belongs to another thread) thanks again
  15. Veggie3

    Veggie3 Registered Users (C)

    I was on J-1 with 2YHRR (Fulbright). When I went through the Green Card process in 2015, I attached a transcript of my entry/exit record from my country's home office, entry/stamps from my passport, and boarding passes from my travels. I also had copies of utility bills, but those weren't necessary.

    It's also a good idea to have a cover letter that presents the information in a succinct way.
  16. ferhat

    ferhat New Member

    i hold j1 with subject to 2 years . is it really guarante if i come back my home country and i can apply for f1 visa ? sorry for my english

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