Xiangzhen Sui

hi, I entered USA by J-1. Can I chang from J-1 to F-1 if I get I -20? thanks.

Sylvia Ottemoeller

Xiangzhen Sui wrote:
    >
    >

If you are not subject to the 2 year home residence requirement of some J-1 programs,
then it's possible that you may change from J-1 to F-1. You will have to file Form
I-539 and include Form I-20 and other documents in the application. There is no
guarantee that the I-539 will be approved.

Gordon

I suppose you are from China and subjected to 2 yrs HRR. In your case, you cannot
change to F-1 within America. You have to go outside the U.S. to process your visa
conversion. You may go to Mexico if you are not out of J-1 status or you have to go
back China to do it.

--

    >
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > hi, I entered USA by J-1. Can I chang from J-1 to F-1 if I get I -20? thanks.[/usenetquote2]
    >
    >
    >
    >
    >

Carolyn Guo

If he keeps on holding J-1 status but as a student, will it be difficult for him to
change from scholar to student? In fact even though he is successful in changing from
J-1 to F-1, he will still be subjected to 2 years HRR.

On Mon, 27 Aug 2001, Gordon wrote:

    >
    >
    >
    >
    >
    >
    >

[usenetquote2]> > Xiangzhen Sui wrote:[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > hi, I entered USA by J-1. Can I chang from J-1 to F-1 if I get I -20? thanks.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If you are not subject to the 2 year home residence requirement of some J-1[/usenetquote2]
[usenetquote2]> > programs, then it's possible that you may change from J-1 to F-1. You will have[/usenetquote2]
[usenetquote2]> > to file Form I-539 and include Form I-20 and other documents in the application.[/usenetquote2]
[usenetquote2]> > There is no guarantee that the I-539 will be approved.[/usenetquote2]
    >

Sylvia Ottemoeller

It is theoretically possible, but in practice virtually impossible, for a J-1 holder
to change from one J category to another within the U.S.

Carolyn Guo wrote:

    >
    >
    >
    >
    >
    >
[usenetquote2]> > I suppose you are from China and subjected to 2 yrs HRR. In your case, you cannot[/usenetquote2]
[usenetquote2]> > change to F-1 within America. You have to go outside the U.S. to process your[/usenetquote2]
[usenetquote2]> > visa conversion. You may go to Mexico if you are not out of J-1 status or you[/usenetquote2]
[usenetquote2]> > have to go back China to do it.[/usenetquote2]

[usenetquote2]> > > Xiangzhen Sui wrote:[/usenetquote2]

[usenetquote2]> > > > I entered USA by J-1. Can I chang from J-1 to F-1 if I get I -20? thanks.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > If you are not subject to the 2 year home residence requirement of some J-1[/usenetquote2]
[usenetquote2]> > > programs, then it's possible that you may change from J-1 to F-1. You will have[/usenetquote2]
[usenetquote2]> > > to file Form I-539 and include Form I-20 and other documents in the[/usenetquote2]
[usenetquote2]> > > application. There is no guarantee that the I-539 will be approved.[/usenetquote2]

Carolyn Guo

That means he has to change outside the States, even just change from one J category
to another?

On Mon, 27 Aug 2001, Sylvia Ottemoeller wrote:

    >
    >
    >
    >
    >
[usenetquote2]> > If he keeps on holding J-1 status but as a student, will it be difficult for him[/usenetquote2]
[usenetquote2]> > to change from scholar to student? In fact even though he is successful in[/usenetquote2]
[usenetquote2]> > changing from J-1 to F-1, he will still be subjected to 2 years HRR.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > On Mon, 27 Aug 2001, Gordon wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I suppose you are from China and subjected to 2 yrs HRR. In your case, you[/usenetquote2]
[usenetquote2]> > > cannot change to F-1 within America. You have to go outside the U.S. to process[/usenetquote2]
[usenetquote2]> > > your visa conversion. You may go to Mexico if you are not out of J-1 status or[/usenetquote2]
[usenetquote2]> > > you have to go back China to do it.[/usenetquote2]
    >

    >
[usenetquote2]> > > > Xiangzhen Sui wrote:[/usenetquote2]
    >
[usenetquote2]> > > > > I entered USA by J-1. Can I chang from J-1 to F-1 if I get I -20? thanks.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > If you are not subject to the 2 year home residence requirement of some J-1[/usenetquote2]
[usenetquote2]> > > > programs, then it's possible that you may change from J-1 to F-1. You will[/usenetquote2]
[usenetquote2]> > > > have to file Form I-539 and include Form I-20 and other documents in the[/usenetquote2]
[usenetquote2]> > > > application. There is no guarantee that the I-539 will be approved.[/usenetquote2]

Sylvia Ottemoeller

I would not describe this as a "change outside" the U.S. I would describe it as
leaving the U.S. and re-entering in another J-1 category.

But whatever terminology, this is what he would have to do. The theoretical
possibility of change of category inside the U.S. occurs when the J-1 sponsor writes
to the J-1 Exchange Visitor Program and asks permission for the change of category.
Occasionally the EVP approves one of these requests. It takes awhile, and the sponsor
must show very strong, convincing reasons why it should be done.

It may be noted that if the person has a valid J-1 stamp, this may not be very
difficult. Most consular posts will refuse to issue another J-1 visa stamp for a
different J-1 category if the previous stamp is still valid. The person can simply go
to Canada or Mexico, turn around and re-enter the U.S. with the valid J-1 stamp,
presenting the new IAP-66 for the different category, and getting a new I-94.

The EVP does not like this (using a J-1 visa stamp for a diffent J-1 category than it
was issued for), but there is almost no way it can find out about it.

Carolyn Guo wrote:
    >
    >
    >
    >
    >
    >
[usenetquote2]> > It is theoretically possible, but in practice virtually impossible, for a J-1[/usenetquote2]
[usenetquote2]> > holder to change from one J category to another within the U.S.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Carolyn Guo wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > If he keeps on holding J-1 status but as a student, will it be difficult for[/usenetquote2]
[usenetquote2]> > > him to change from scholar to student? In fact even though he is successful in[/usenetquote2]
[usenetquote2]> > > changing from J-1 to F-1, he will still be subjected to 2 years HRR.[/usenetquote2]

Carolyn Guo

So it seems more difficult for him to change J-1 from one category to another than
from J-1 directly to F-1 if his J-1 stamp is valid.

I did not understand your meaning completely. It seems that J-1 is easier to prove
that he will not stay in the States after graduation. Why consular still do not like
to believe it?

On Mon, 27 Aug 2001, Sylvia Ottemoeller wrote:

    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > That means he has to change outside the States, even just change from one J[/usenetquote2]
[usenetquote2]> > category to another?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > On Mon, 27 Aug 2001, Sylvia Ottemoeller wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > It is theoretically possible, but in practice virtually impossible, for a J-1[/usenetquote2]
[usenetquote2]> > > holder to change from one J category to another within the U.S.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Carolyn Guo wrote:[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > > If he keeps on holding J-1 status but as a student, will it be difficult for[/usenetquote2]
[usenetquote2]> > > > him to change from scholar to student? In fact even though he is successful[/usenetquote2]
[usenetquote2]> > > > in changing from J-1 to F-1, he will still be subjected to 2 years HRR.[/usenetquote2]

Sylvia Ottemoeller

I am not sure what you are asking.

The Exchange Visitor Program's objection to a change of category does not have to do
with immigrant intent primarily. The EVP simply wants people to start a program and
finish it, to do what they said they would do, and not to change their objectives
mid-stream.

If you are referring to a situation in which the person is *not* subject to the 2
year HRR, then yes, indeed, he must leave the U.S. and return, in order to hold a
different J-1 category, J-1 student status. And he may file Form I-539 to change from
F-1 to J-1 without leaving the U.S.

If you are referring to a situation in which he *is* subject to the 2 year HRR, then
he must leave the U.S. and return either way, either to obtain a different J-1
category, or to obtain F-1 status.

Having the 2 year HRR is no guarantee that a consular officer or INS officer will
believe that the person intends to return to the home country after the end of the
temporary stay. The consular officer is fully aware that waivers are available. If
the person is from a country which is having particular difficulties like a terrible
economy or a war, the officer will tend to believe that the person will try to stay
in the U.S.

Also, the person's obtaining F-1 status does not get rid of the 2 year HRR at all.
The person is still subject to that requirement.

Carolyn Guo wrote:

    >
    >
    >
    >
    >
    >
    >
    >
    >
[usenetquote2]> > I would not describe this as a "change outside" the U.S. I would describe it as[/usenetquote2]
[usenetquote2]> > leaving the U.S. and re-entering in another J-1 category.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > But whatever terminology, this is what he would have to do. The theoretical[/usenetquote2]
[usenetquote2]> > possibility of change of category inside the U.S. occurs when the J-1 sponsor[/usenetquote2]
[usenetquote2]> > writes to the J-1 Exchange Visitor Program and asks permission for the change of[/usenetquote2]
[usenetquote2]> > category. Occasionally the EVP approves one of these requests. It takes awhile,[/usenetquote2]
[usenetquote2]> > and the sponsor must show very strong, convincing reasons why it should be done.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It may be noted that if the person has a valid J-1 stamp, this may not be very[/usenetquote2]
[usenetquote2]> > difficult. Most consular posts will refuse to issue another J-1 visa stamp for a[/usenetquote2]
[usenetquote2]> > different J-1 category if the previous stamp is still valid. The person can[/usenetquote2]
[usenetquote2]> > simply go to Canada or Mexico, turn around and re-enter the U.S. with the valid[/usenetquote2]
[usenetquote2]> > J-1 stamp, presenting the new IAP-66 for the different category, and getting a[/usenetquote2]
[usenetquote2]> > new I-94.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > The EVP does not like this (using a J-1 visa stamp for a diffent J-1 category[/usenetquote2]
[usenetquote2]> > than it was issued for), but there is almost no way it can find out about it.[/usenetquote2]