J1 transfer during re-instatement possile ?

F

freecryptic

Registered Users (C)
Hi!,

I am a J1 research scholar. My employer never made an entry in SEVIS
during the first 30 days of my joining. So due to her mistake, my
status is no-show. It's less than 270 days and the re-instatement
is pending with dos.

Now I want a transfer to another school. I that possible ? Does SEVIS
allow that freedom ? Clearly it is not my mistake.

PLZ help !!!!

varun
 
It happened to me. You will have to get a new DS-2019 with a new start date in order to reinstate you to SEVIS. Once you get a valid DS-2019 and valid sevis record, there is no problem to transfer at all. However, if you go out of US, you will have to get a new J-1 visa stamp. Your International office folks should be knowing very well about such situation.
Joe
 
re-instatement

Hi!,

thanks for posting the reply. I would higly appreciate if you could tell me
the amount of time it took for re-instatement.

In my case, it is not a minor infraction (more than 30 days have passed,
but less than 271 days). My status was probably no-show. I learnt this
when I returned from a visit to India.

My employer has sent copies of my Ds2019, I-94, visa etc to DOS. I am
worried that if it takes more than 45-60 days in the whole process, i might just loose the offer!!

Please help !!! How should I proceed ???

Thanks,
Varun
 
I got a new DS-2019 from the employer (Int Off in unvieristy) with new SEVIS record number. With a new SEVIS number, I went to India to get a new J-1 visa. I didn't send any docs to DOS while in US for this purpose. May be you can follow this path. Take this issue with your intl office, if you are in a university, its their fault rt?.
 
re-instatement

Hi !,

Thanks very much for the reply, but my employer has already sent the
papers to DOS. But were'nt you subjected to the 1yr rule? I heard
that apart form a 2yr HRR, there is a rule that you have to stay
out of the US for atleast 1 yr to take a new J1 visa ? Is going to
mexico or canada safe?

Yeah it's 100% my employer'smistake. she didn't properly maintain her
J program. I am in a small company with no international center.
Do you know any guys who followed the DOS path.

thanks in advance
Varun
 
If I remember correctly, the 1 year rule applies to J1 researchers/scholars, not students.
 
It's NOT 1 yr rule. It's 2 yr rule. If you don't wanna go through the 2 yr rule, then you need to get a waiver of 2 yr rule from DOS and USCIS. J-1 students are also subject to 2 yr rule. F-1 students are NOT. It will be clearly mentioned on their visa stamp or on their DS form.
 
nanodude - we are talking about a different kind of 1 year rule. This applies to scholars/researchers who already had a J1 and wish to participate in another J1 program. Apparently, there is a requirement to have 1 year break between the different J1 programs but this only applies to scholars/researchers, not students. The 2 year rule as in requirement to stay at home before applying for an immigrant status and it does applies to students, if noted on a visa.
 
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