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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   J1 visa (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/j1-visa-10433/)

Anu K Moorthy Jan 29th 2001 6:45 pm

Hi, I am currently in the US on an H4 visa. I shall be completing my PhD in my native
country and would be eligible for a J1 visa (as a post doctoral fellow). My question is do
I have to obtain a J1 visa while in my own country or can I get back to the US and start
processing it here. Any help/advice in this regard would be really appreciated.

-A

Andrey Zuban Jan 29th 2001 7:01 pm

Hi,
> I am currently in the US on an H4 visa. I shall be completing my PhD in my native
> country and would be eligible for a J1 visa (as a post doctoral fellow). My question is
> do I have to obtain a J1 visa while in my own country or can I get back to the US and
> start processing it here. Any help/advice in this regard would be really appreciated.

It works both ways. The sponsoring organization prepares form IAP-66 for you. Then, if you
are in your home country, you apply for a J-1 visa at a US Consulate in your country. If
you are in the US, you apply for AOS from your current status to J-1.

Hope, this helps.

___________
Andrey Zuban

Sylvia Ottemoeller Jan 29th 2001 7:26 pm

Andrey Zuban wrote:

> > I am currently in the US on an H4 visa. I shall be completing my PhD in my native
> > country and would be eligible for a J1 visa (as a post doctoral fellow). My question
> > is do I have to obtain a J1 visa while in my own country or can I get back to the US
> > and start processing it here.

> It works both ways. The sponsoring organization prepares form IAP-66 for you. Then, if
> you are in your home country, you apply for a J-1 visa at a US Consulate in your
> country. If you are in the US, you apply for AOS

Not AOS, but "change of status." AOS, "adjustment of status," refers ONLY to changes to or
from permanent resident status.

> from your current status to J-1.

Two more points:

In some parts of the U.S., the I-539 application for change of status has a usual
processing time of over one year. The I-539 would have to be *approved* before the person
would hold J-1 status and could go on the payroll of the J-1 sponsor. For this reason, the
only practical way to get J-1 status would be to leave the U.S., apply for a J-1 visa
stamp, and re-enter in J-1 status. This could possibly be done at a U.S. consular post in
Canada or Mexico.

Hilbert Jan 30th 2001 4:50 am

Stay away from the J1 if you're planning on staying in th US. After your J1's over, you
have to go back to your country for 2 years. That would be a problem... With your PhD you
should easily get a better visa, like an H1b - which is a good way to immigration.

Hilbert

> Hi, I am currently in the US on an H4 visa. I shall be completing my PhD in my native
> country and would be eligible for a J1 visa (as a post doctoral fellow). My question is
> do I have to obtain a J1 visa while in my own country or can I get back to the US and
> start processing it here. Any help/advice in this regard would be really appreciated.
>
> -A
>

Mark Carroll Jan 30th 2001 3:01 pm

Stay away from the J1 if you're planning on staying in th US. After your
>J1's over, you have to go back to your country for 2 years. That would be a problem...
(snip)

This is not true of all J-1's - not everyone is subject to the two-year Home Residence
Requirement under 212(e). It's something to watch out for, though, of course. It's to do
with where your funding's from, etc.

-- Mark


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