Transfer from J1 to F1 while applying NIW?

U

unifor

New Member
Hi, I am Chinese, holding a J1 visa now as postdoc. I am wondering if I can transfer to F1 after submitting my NIW application? Thank you.
 
I spoke to couple of lawyers regarding switching jobs after submitting NIW application, and both told me that it is OK as long as you continue doing same/similar work as you stated in your I-140.

You can confirm by contacting immigration lawyer(s).
 
Submitting a I-140 shows immigrant intent since its self-petitioned. If it was employer petitioned, it would be a little weaker but this is a clear case. You don't qualify for F1. Plus, you can't transfer from J1 to F1 anyway, you need a visa stamp (specific J1 restriction). You will definitively not get a F1 visa stamp outside the US, and you won't be allowed to reenter. Make sure you talk to an immigration lawyer before filing any documents or leaving the US.
 
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