change of visa status
Apr 20th 2004, 2:00 pm
#1
Guest
Posts: n/a
change of visa status
I want to change my visa status from J-1 to F-1. Anyone know how long for
USCIS to process this kind of case? Do I need to go back to a third country
or go back to my home country to apply new visa?
Thank for help.
Time
USCIS to process this kind of case? Do I need to go back to a third country
or go back to my home country to apply new visa?
Thank for help.
Time
Apr 21st 2004, 1:00 pm
#2
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: change of visa status
if you have HRR (home residency requirement), you are not allowed to change your status in the U.S. to any other non-immigrant status.
If you don't have HRR (212(e)), then you can apply to change your status, but you cannot start school until the transfer is completed, and now with all security checks it may take more than 6 months. On the other hand, going home and trying to get an F-1 visa may take just a long, depending on what country you are from.
Getting a visa in the third country is not a bad idea.
If you don't have HRR (212(e)), then you can apply to change your status, but you cannot start school until the transfer is completed, and now with all security checks it may take more than 6 months. On the other hand, going home and trying to get an F-1 visa may take just a long, depending on what country you are from.
Getting a visa in the third country is not a bad idea.
Apr 22nd 2004, 4:57 am
#3
BE Enthusiast
Joined: Sep 2002
Posts: 565
Re: change of visa status
Originally posted by LucyMO
if you have HRR (home residency requirement), you are not allowed to change your status in the U.S. to any other non-immigrant status.
if you have HRR (home residency requirement), you are not allowed to change your status in the U.S. to any other non-immigrant status.
Apr 22nd 2004, 10:56 am
#4
Guest
Posts: n/a
Re: change of visa status
"time" <[email protected]> wrote in message
news:[email protected]...
> I want to change my visa status from J-1 to F-1. Anyone know how long for
> USCIS to process this kind of case?
https://egov.immigration.gov/cris/jsps/index.jsp leads to information that
Form I-539 requesting a change to F-1 status has a processing time of 4
months or less at each of the 4 USCIS Service Centers.
Do I need to go back to a third country
> or go back to my home country to apply new visa?
You do not have to travel to a third country or your home country if the
I-539 application to change status is approved soon enough for your
purposes.
news:[email protected]...
> I want to change my visa status from J-1 to F-1. Anyone know how long for
> USCIS to process this kind of case?
https://egov.immigration.gov/cris/jsps/index.jsp leads to information that
Form I-539 requesting a change to F-1 status has a processing time of 4
months or less at each of the 4 USCIS Service Centers.
Do I need to go back to a third country
> or go back to my home country to apply new visa?
You do not have to travel to a third country or your home country if the
I-539 application to change status is approved soon enough for your
purposes.
Apr 22nd 2004, 10:58 am
#5
Guest
Posts: n/a
Re: change of visa status
"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected]...
> if you have HRR (home residency requirement), you are not allowed to
> change your status in the U.S. to any other non-immigrant status.
In certain circumstances, a J-1 status holder subject to the 2 yr HRR may
change status to A or G within the U.S., without departing.
> If
> you don't have HRR (212(e)), then you can apply to change your status,
> but you cannot start school until the transfer is completed, and now
> with all security checks it may take more than 6 months.
This statement is true only with respect to B-1/B-2 and F-2 status holders.
It is not true with respect to any other status. A J-1 holder can file an
I-539 application to change to F-1 status, and may attend school while
waiting for the I-539 to be adjudicated.
On the other
> hand, going home and trying to get an F-1 visa may take just a long,
> depending on what country you are from.
> Getting a visa in the third
> country is not a bad idea.
news:[email protected]...
> if you have HRR (home residency requirement), you are not allowed to
> change your status in the U.S. to any other non-immigrant status.
In certain circumstances, a J-1 status holder subject to the 2 yr HRR may
change status to A or G within the U.S., without departing.
> If
> you don't have HRR (212(e)), then you can apply to change your status,
> but you cannot start school until the transfer is completed, and now
> with all security checks it may take more than 6 months.
This statement is true only with respect to B-1/B-2 and F-2 status holders.
It is not true with respect to any other status. A J-1 holder can file an
I-539 application to change to F-1 status, and may attend school while
waiting for the I-539 to be adjudicated.
On the other
> hand, going home and trying to get an F-1 visa may take just a long,
> depending on what country you are from.
> Getting a visa in the third
> country is not a bad idea.
Apr 22nd 2004, 11:04 am
#6
Guest
Posts: n/a
Re: change of visa status
"Ivonne" <member4070@british_expats.com> wrote in message
news:[email protected]...
> Originally posted by LucyMO
> > if you have HRR (home
> residency requirement), you are not allowed to change your status in the
> U.S. to any other non-immigrant status.
> As far as i know, this
> is wrong. Status can't be changed to a work status (like L, H, or GC),
> but it can be changed to F. Anybody correct me, if I'm wrong.
A person who is obligated to the 2 yr HRR of J-1 status may not change to,
or obtain by departing and re-entering, L, H, or permanent resident status.
A person who is obligated to the 2 yr HRR of J-1 status may not change to
any other temporary status in the U.S. (without leaving the U.S.), by filing
Form I-539, except for A or G status under some circumstances.
A person who is obligated to the 2 yr HRR of J-1 status may obtain any
temporary status in the U.S., other than H or L, by leaving the U.S.,
obtaining a visa stamp at a consular post, and re-entering in the status.
There is no guarantee that the visa will be granted, but it will not be
denied because of the 2 yr HRR obligation.
news:[email protected]...
> Originally posted by LucyMO
> > if you have HRR (home
> residency requirement), you are not allowed to change your status in the
> U.S. to any other non-immigrant status.
> As far as i know, this
> is wrong. Status can't be changed to a work status (like L, H, or GC),
> but it can be changed to F. Anybody correct me, if I'm wrong.
A person who is obligated to the 2 yr HRR of J-1 status may not change to,
or obtain by departing and re-entering, L, H, or permanent resident status.
A person who is obligated to the 2 yr HRR of J-1 status may not change to
any other temporary status in the U.S. (without leaving the U.S.), by filing
Form I-539, except for A or G status under some circumstances.
A person who is obligated to the 2 yr HRR of J-1 status may obtain any
temporary status in the U.S., other than H or L, by leaving the U.S.,
obtaining a visa stamp at a consular post, and re-entering in the status.
There is no guarantee that the visa will be granted, but it will not be
denied because of the 2 yr HRR obligation.
Apr 22nd 2004, 12:48 pm
#7
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: change of visa status
[QUOTE]Originally posted by Sylvia Ottemoeller
This statement is true only with respect to B-1/B-2 and F-2 status holders.
It is not true with respect to any other status. A J-1 holder can file an
I-539 application to change to F-1 status, and may attend school while
waiting for the I-539 to be adjudicated.
Even if his J-1 status has expired??????? I somehow doubt it...
This statement is true only with respect to B-1/B-2 and F-2 status holders.
It is not true with respect to any other status. A J-1 holder can file an
I-539 application to change to F-1 status, and may attend school while
waiting for the I-539 to be adjudicated.
Even if his J-1 status has expired??????? I somehow doubt it...
Apr 22nd 2004, 5:13 pm
#8
Guest
Posts: n/a
Re: change of visa status
On Fri, 23 Apr 2004 00:48:22 +0000, LucyMO wrote:
> Originally posted by Sylvia Ottemoeller
>>
>> This
> statement is true only with respect to B-1/B-2 and F-2 status holders.
> It is not true with respect to any other status. A J-1 holder can file
> an
>> I-539 application to change to F-1 status, and may attend school
> while
>> waiting for the I-539 to be adjudicated.
>>
>>
>> Even if his J-1
> status has expired??????? I somehow doubt it...
Good point. If his J-1 status had already expired, he would be treated
like anybody else out of status (but he'd still be subject to the HRR).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Originally posted by Sylvia Ottemoeller
>>
>> This
> statement is true only with respect to B-1/B-2 and F-2 status holders.
> It is not true with respect to any other status. A J-1 holder can file
> an
>> I-539 application to change to F-1 status, and may attend school
> while
>> waiting for the I-539 to be adjudicated.
>>
>>
>> Even if his J-1
> status has expired??????? I somehow doubt it...
Good point. If his J-1 status had already expired, he would be treated
like anybody else out of status (but he'd still be subject to the HRR).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Apr 23rd 2004, 5:44 am
#9
Guest
Posts: n/a
Re: change of visa status
"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected]...
> Originally posted by Sylvia Ottemoeller
> >
> > This statement is true only with respect to B-1/B-2 and F-2 status
holders.
> >
> It is not true with respect to any other status. A J-1 holder can file an
> > I-539 application to change to F-1 status, and may attend school while
> > waiting for the I-539 to be adjudicated.
> > Even if his J-1
> status has expired??????? I somehow doubt it...
"time" never mentioned that the J-1 status may be expired.
If a person's nonimmigrant status has expired prior to filing Form I-539,
*no matter what that status was,* the person is not eligible to change
status within the U.S. (except possibly if the I-539 is filed very shortly
after expiration and a convincing reason is given about why the untimely
filing was out of the alien's control).
In "time"'s case, if the J-1 status was valid until at least the day that
USCIS received the I-539 requesting a change to F-1, then yes, the person
can legally attend school in the next possible school term, even if the
I-539 has not been adjudicated, in fact even if the I-539 is not adjudicated
for many months.
The person may attend school, but may not be employed, of course, under
these circumstances.
A school may have a *policy* of preventing such attendance, but that policy
would not be based on law or regulations.
news:[email protected]...
> Originally posted by Sylvia Ottemoeller
> >
> > This statement is true only with respect to B-1/B-2 and F-2 status
holders.
> >
> It is not true with respect to any other status. A J-1 holder can file an
> > I-539 application to change to F-1 status, and may attend school while
> > waiting for the I-539 to be adjudicated.
> > Even if his J-1
> status has expired??????? I somehow doubt it...
"time" never mentioned that the J-1 status may be expired.
If a person's nonimmigrant status has expired prior to filing Form I-539,
*no matter what that status was,* the person is not eligible to change
status within the U.S. (except possibly if the I-539 is filed very shortly
after expiration and a convincing reason is given about why the untimely
filing was out of the alien's control).
In "time"'s case, if the J-1 status was valid until at least the day that
USCIS received the I-539 requesting a change to F-1, then yes, the person
can legally attend school in the next possible school term, even if the
I-539 has not been adjudicated, in fact even if the I-539 is not adjudicated
for many months.
The person may attend school, but may not be employed, of course, under
these circumstances.
A school may have a *policy* of preventing such attendance, but that policy
would not be based on law or regulations.
