resu

Hi there,

I might go to the U.S. on a J1 (exchange student) visa for one semester next year. The two year HRR rule does not apply to me, and I also hold a tourist visa.

I have 3 question sets.

1. Am I allowed to stay in the U.S. on my tourist visa after the semester is over? If yes, for how long?

2. Am I allowed to apply for jobs while on the J1 or tourist visa? (trying to find an employer willing to help me with a temporary employment visa immediately or when the semester is over)

3. Will I have to leave the U.S. at one point or can my stay on the J1 or tourist visa automatically transform into a stay on a temporary employment visa?

I'm a citizen of Sweden and have a criminal record in the U.S. (I know this sounds really bad now, but it was for public intox while in college i.e. a minor crime and I will get it expunged in a couple of months).

I've searched this forum and others but can't find any straight answers to my questions above. I appreciate any kind of help.

O.

mune

Once you get J1 your toursit viza will be terminated.
Yes, your potential employeers can not even ask about your visa status. So you can apply, interview. etc.

You will have to leave or change your status depending to whaterver your employer will offer you. As I said, yout toursit visa will be automatically void.

Ingo Pakleppa - see web site for email

occl wrote:
    > Hi there,
    >
    > I might go to the U.S. on a J1 (exchange student) visa for one semester
    > next year. The two year HRR rule does not apply to me, and I also hold a
    > tourist visa.
    >
    > I have 3 question sets.
    >
    > 1. Am I allowed to stay in the U.S. on my tourist visa after the
    > semester is over? If yes, for how long?

The answer is a bit complicated. The simple version is: 30 days.

The complicated version is that actually, you would not be staying "on
your tourist visa" at all, but rather the J-1 itself includes these 30 days.

Also, please understand the difference between visa and status. What you
are really asking about is J-1 status. You don't actually have tourist
status. You also have a J-1 visa and a tourist visa in your passport,
but neither is relevant during this trip - they would only matter during
the next trip, should you leave the USA and return. More details on the
difference between visa and status is at http://www.kkeane.com

By the way, contrary to what the other poster said, your tourist visa
would (usually) remain valid. It would be completely useless in the
context of your question, though.

    > 2. Am I allowed to apply for jobs while on the J1 or tourist visa?
    > (trying to find an employer willing to help me with a temporary
    > employment visa immediately or when the semester is over)

*Apply* for jobs, yes. Actually start working, no.

    > 3. Will I have to leave the U.S. at one point or can my stay on the J1
    > or tourist visa automatically transform into a stay on a temporary
    > employment visa?

Not automatically, but you can indeed change from J-1 to a temporary
employment status. However, depending on timing, it may not be all that
easy. The problem is that the H-1B quota has run out for the year, so
you would not be able to change status until October 1, 2005.

    > I'm a citizen of Sweden and have a criminal record in the U.S. (I know
    > this sounds really bad now, but it was for public intox while in college
    > i.e. a minor crime and I will get it expunged in a couple of months).

It likely won't be a problem. However, do be aware that for immigration
purposes, it doesn't matter whether the crime was expunged or not - even
expunged convictions still do count for immigration purposes. So see
that you don't rack up any more.

    > I've searched this forum and others but can't find any straight answers
    > to my questions above. I appreciate any kind of help.


--
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 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.

resu

Thanks alot to both of us. I'm replying to the second writer.


So I could stay the semester out and most likely another 30 days on my status as J1. What if I go down to Mexico for a week after the semester, and then return to the U.S.? (my point if weither or not I will get 90 new days if entering on my tourist visa)

I assume this applies to both J1 status and tourist status?

Can you please explain how the quota works? Will it "start from scratch" on October 1 2005? How long does it usually take before it's full again? I will go for the fall semester 2005, but I expect it to take several months (the semester ends in December 2005) before I, if at all, find a job.

mune

The rules must have changed. My tourist viza was "Canceled without prejudice" when I received my J1. In any case, Ingo Pakleppa illuminated it quite nicely.

crg

Why would they CWOP your tourist visa? That's not normal. Was it a single entry? Was it expired? They shouldn't have done that.

mune

No idea, I had one of these Multiple Entries valid for 10 years, entered with it once for 3 weeks and a year later received J1 w/2YHR. I am married to USC, so I would not be able to use it now anyway. This happened in 1997, so maybe something has changed.

crg

Maybe they CWOP'd it when you were processing your immigrant paperwork. That's not the norm.

mune

I wish... I still have to go home for 2years before thinking of immigrating I am glad that at least this is not a norm for everyone. My situation is weird anyway...

LucyMO

mune, you may think of getting a waiver, before you go home for two years. Start early.

Ingo Pakleppa - see web site for email

occl wrote:
    >>occl wrote:
    >>>Hi there,
    >>>I might go to the U.S. on a J1 (exchange student) visa for one
    >>>semester
    >>>next year. The two year HRR rule does not apply to me, and I also
    >>>hold a
    >>>tourist visa.
    >>>I have 3 question sets.
    >>>1. Am I allowed to stay in the U.S. on my tourist visa after the
    >>> semester is over? If yes, for how long?
    >>The answer is a bit complicated. The simple version is: 30 days.
    >>The complicated version is that actually, you would not be staying
    >>"on
    >>your tourist visa" at all, but rather the J-1 itself includes these
    >>30 days.
    >>Also, please understand the difference between visa and status. What
    >>you
    >>are really asking about is J-1 status. You don't actually have tourist
    >>status. You also have a J-1 visa and a tourist visa in your passport,
    >>but neither is relevant during this trip - they would only matter
    >>during
    >>the next trip, should you leave the USA and return. More details on
    >>the
    >>difference between visa and status is at http://www.kkeane.com
    >>By the way, contrary to what the other poster said, your tourist visa
    >>would (usually) remain valid. It would be completely useless in the
    >>context of your question, though.
    >>>2. Am I allowed to apply for jobs while on the J1 or tourist visa?
    >>> (trying to find an employer willing to help me with a temporary
    >>> employment visa immediately or when the semester is over)
    >>*Apply* for jobs, yes. Actually start working, no.
    >>>3. Will I have to leave the U.S. at one point or can my stay on the
    >>> J1
    >>> or tourist visa automatically transform into a stay on a
    >>> temporary
    >>> employment visa?
    >>Not automatically, but you can indeed change from J-1 to a temporary
    >>employment status. However, depending on timing, it may not be all
    >>that
    >>easy. The problem is that the H-1B quota has run out for the year, so
    >>you would not be able to change status until October 1, 2005.
    >>>I'm a citizen of Sweden and have a criminal record in the U.S. (I
    >>>know
    >>>this sounds really bad now, but it was for public intox while in
    >>>college
    >>>i.e. a minor crime and I will get it expunged in a couple of
    >>> months).
    >>It likely won't be a problem. However, do be aware that for
    >>immigration
    >>purposes, it doesn't matter whether the crime was expunged or not -
    >>even
    >>expunged convictions still do count for immigration purposes. So see
    >>that you don't rack up any more.
    >>>I've searched this forum and others but can't find any straight
    >>>answers
    >>>to my questions above. I appreciate any kind of help.
    >
    >
    > Thanks alot to both of us. I'm replying to the second writer.
    >
    > So I could stay the semester out and most likely another 30 days on my
    > status as J1. What if I go down to Mexico for a week after the
    > semester, and then return to the U.S.? (my point if weither or not I
    > will get 90 new days if entering on my tourist visa)

Not a good idea. There is a very good chance that you would be denied
admission on return. And then you'd be stuck in the completely wrong
country.

A better idea would be to apply for a change of status to tourist after
your J-1 program is complete. You don't even need a tourist visa for
that (although it doesn't hurt)

    > I assume this applies to both J1 status and tourist status?

I'm not sure what you are referring to here.

    > Can you please explain how the quota works? Will it "start from
    > scratch" on October 1 2005? How long does it usually take before it's
    > full again? I will go for the fall semester 2005, but I expect it to
    > take several months (the semester ends in December 2005) before I, if
    > at all, find a job.

The H-1B quota indeed starts from scratch (just so you know, the
immigrant quota works quite differently, and does *not* start from
scratch the same way). It is first-come, first-served. The first 65000
applicants get their H-1B, and then another 20,000 applicants with a US
master's degree, and then the quota is used up.

You can file for an H-1B up to six months in advance. That is, the first
people will be filing for the new quota April 1, 2005. This year, the
quota actually ran out exactly on October 1. The previous year, it was
November or December, I don't remember. And before that, the quota was
higher, so the numbers aren't comparable.

So if you want to start working in December 2005, your employer should
file six months earlier - that is, July 2005.


--
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 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.

mune

Thanks, but my 2yhr comes from Fulbright, no chance of getting a waiver based on no objection letter. Any other options are just too combersome and may not be worth time or money.
Looks like we have two discussions going Sorry!

resu

When would I have to start the "adjust of status" process in order for it to be complete by the end of the semester (i.e. in December), so that there won't be a gap in which I'm not allowed to be in the U.S.?

You wrote that I can APPLY for a job but not START working, and I was wondering if that applies - i.e. if I'm allowed to apply for a job - both during my period as a J1 student and later during my time as a tourist.

I see. Well I guess that makes it all pretty impossible for me.

I had this vision that I could go there for one semester, find an employer that was willing to employ me after the end of the semester (as I will have my master's from my Swedish uni by then) and then change the status to temporary worker. A friend of a friend did the exactly same thing after this spring semester (in June). He was in the exactly same situation as me (J1 one semester, no 2 year HRR, Swedish master's degree at the end of the semester, no green card involved). I don't know how he did it, but it didn't seem like he had to wait for any quota - he started his new job almost right away. Any idea of how he made it?

So a new quota starts on October 1st every year?
And one can apply earliest 6 months ahead (earliest possible being April 1st)?
And this year, it got full already on the very first day it "opened" (Oct 1st)?

That's means there would be no point for me to look for an employer during my fall semester 2005, the only way to make it would be to wait til spring 2006 and find one after April 1st, and not only find one willing to employ me, but also one willing to wait for the papers for up to 6 months and at least to Oct 1st the same year - am I right?

Well I guess it's time for me to change the plans.

Thanks for your help. I would appreciate very much if you could answer these new questions too.

Ola
Sweden

Sylvia Ottemoeller

"occl" <member25062@british_expats.com> wrote in message
news:[email protected] m...

    > > occl wrote:

    > > >>occl wrote:

    > > >>>I might go to the U.S. on a J1 (exchange student) visa for one
semester
    > > >>>next year. The two year HRR rule does not apply to me, and I also
    > > >>>hold a tourist visa.
    > > >>>I have 3 question sets.
    > > >>>1. Am I allowed to stay in the U.S. on my tourist visa after the
    > > >>> semester is over? If yes, for how long?

    > > >>The answer is a bit complicated. The simple version is: 30 days.
    > > >>The complicated version is that actually, you would not be staying
    > > >>"on your tourist visa" at all, but rather the J-1 itself includes
these
    > > >>30 days.

    > > >>Also, please understand the difference between visa and status. What
    > > >>you are really asking about is J-1 status. You don't actually have
    > > >>tourist status. You also have a J-1 visa and a tourist visa in your
    > > >>passport, but neither is relevant during this trip - they would only
matter
    > > >>during the next trip, should you leave the USA and return. More
details on
    > > >>the difference between visa and status is at http://www.kkeane.com
    > > >>By the way, contrary to what the other poster said, your tourist visa
    > > >>would (usually) remain valid. It would be completely useless in the
    > > >>context of your question, though.

    > > >>>2. Am I allowed to apply for jobs while on the J1 or tourist visa?
    > > >>> (trying to find an employer willing to help me with a temporary
    > > >>> employment visa immediately or when the semester is over)

    > > >>*Apply* for jobs, yes. Actually start working, no.

    > > >>>3. Will I have to leave the U.S. at one point or can my stay on the
J1
    > > >>> or tourist visa automatically transform into a stay on a temporary
    > > >>> employment visa?

    > > >>Not automatically, but you can indeed change from J-1 to a temporary
    > > >>employment status. However, depending on timing, it may not be all
    > > >>that easy. The problem is that the H-1B quota has run out for the
year,
    > > >>so you would not be able to change status until October 1, 2005.

There is a class of employer that is not subject to any H-1B cap:
universities and affiliated entities; nonprofit research institutions; and
goverment research institutions. These employers can file H-1B petitions
year-round and get them approved.

[snip]

    > > >>>I've searched this forum and others but can't find any straight
answers
    > > >>>to my questions above. I appreciate any kind of help.

    > > > Thanks alot to both of us. I'm replying to the second writer.
    > > >
    > > > So I could stay the semester out and most likely another 30 days on my
    > > > status as J1. What if I go down to Mexico for a week after the
    > > > semester, and then return to the U.S.? (my point if weither or not I
    > > > will get 90 new days if entering on my tourist visa)

    > > Not a good idea. There is a very good chance that you would be denied
    > > admission on return. And then you'd be stuck in the completely wrong
    > > country.
    > >
    > > A better idea would be to apply for a change of status to tourist after
    > > your J-1 program is complete. You don't even need a tourist visa for
    > > that (although it doesn't hurt)

    > > > I assume this applies to both J1 status and tourist status?
    > >
    > > I'm not sure what you are referring to here.
    > >
    > > > Can you please explain how the quota works? Will it "start from
    > > > scratch" on October 1 2005? How long does it usually take before it's
    > > > full again? I will go for the fall semester 2005, but I expect it to
    > > > take several months (the semester ends in December 2005) before I,
    > > > if at all, find a job.
    > >
    > > The H-1B quota indeed starts from scratch (just so you know, the
    > > immigrant quota works quite differently, and does *not* start from
    > > scratch the same way). It is first-come, first-served. The first 65000
    > > applicants get their H-1B, and then another 20,000 applicants with a
    > > US master's degree, and then the quota is used up.
    > >
    > > You can file for an H-1B up to six months in advance. That is, the first
    > > people will be filing for the new quota April 1, 2005. This year, the
    > > quota actually ran out exactly on October 1. The previous year, it was
    > > November or December, I don't remember. And before that, the quota was
    > > higher, so the numbers aren't comparable.
    > >
    > > So if you want to start working in December 2005, your employer should
    > > file six months earlier - that is, July 2005.

    > When would I have to start the "adjust of status"

That would be "change of status." "Adjust" refers to the permanent resident
process.

process in order for
    > it to be complete by the end of the semester (i.e. in December), so that
    > there won't be a gap in which I'm not allowed to be in the U.S.?

Your prospective employer would have to file a petition by April 1, 2005, or
soon after.

    > You wrote that I can APPLY for a job but not START working, and I
    > was wondering if that applies - i.e. if I'm allowed to apply for a
    > job - both during my period as a J1 student and later during my time
    > as a tourist.

    > I see. Well I guess that makes it all pretty impossible for me.
    > I had this vision that I could go there for one semester, find an
    > employer that was willing to employ me after the end of the semester (as
    > I will have my master's from my Swedish uni by then) and then change the
    > status to temporary worker. A friend of a friend did the exactly same
    > thing after this spring semester (in June). He was in the exactly same
    > situation as me (J1 one semester, no 2 year HRR, Swedish master's degree
    > at the end of the semester, no green card involved). I don't know how he
    > did it, but it didn't seem like he had to wait for any quota - he
    > started his new job almost right away. Any idea of how he made it?

For a few years the H-1B quota was increased from its usual 65,000 per year
to over 100,000 per year. Also, the economy has turned up now, and there is
more demand for H-1B employees.

    > So a new quota starts on October 1st every year, and one can apply
    > earliest on April 1st? And this year, it was full already on the very
    > first day it "opened" (Oct 1st)? That's means there would be no point
    > for me to look for an employer during my fall semester 2005, the only
    > way to make it would be to wait til spring 2006 and find one after April
    > 1st, and not only find one willing to employ me, but also one willing to
    > wait for the papers until Oct 1st the same year - am I right?

Right -- except if you can get a job offer from an H-1B -cap-exempt
employer.

    > Well I guess it's time to change the plans.
    > Thanks for your help. I would appreciate very much if you could answer
    > these new questions too.