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J2 (with 2yr HRR) to F1, possible?

J2 (with 2yr HRR) to F1, possible?

Old Feb 16th 2011, 6:50 pm
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Default J2 (with 2yr HRR) to F1, possible?

At the moment I am a J2 with an EAD, my visa has the 2 yr HRR (husband is an alien physician, wavier is not applicable to this visa). Since coming to the US I have started graduate school. My current issue is that although he is in a 5-year program they only issue annual contracts and they do this in Feb/March. This really makes it tight for renewing our status and then getting a new EAD before the current one runs out (graduate school does not permit unpaid students and I get in-state tuition on the basis of being an employee). Having an EAD is not of any benefit to me as the graduate school prohibits outside employment anyway.

I'm trying to investigate if the 2yr HRR prevents me from moving to an F1.
Direct quote from the rear of my DS-2019
are required to reside in their home country for 2 years following completion of their program before they are eligible for immigrant status, temporary worker (H) status or intracompany transferee status (L)
No mention of F1, I also would not be looking to stay longer than my husband it's purely a logistical change. I would also hope that I could get an F1 for the duration of my program (4 more years) as currently we have to do embassy visits every time we go home.

Thoughts?

I have also asked:
ISO office at his program
ISO office at my program
Office of international affairs at the hospital I work.
for their view on the matter
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Old Feb 24th 2011, 6:31 pm
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Default Re: J2 (with 2yr HRR) to F1, possible?

Ok, this is the advice offered by my program.

It seems like an F-1 visa would definitely be the best option for you.

Since you are subject to the 2-yr. home residency rule you’re ineligible to apply for a change of status in the U.S. but you can travel abroad and apply for an F-1 visa at a U.S. Embassy.
Since you’re planning to travel to Ireland about a week before Summer term starts, then we can prepare all the paperwork you’ll need so you can take it with you.
I'm somewhat nervous about travelling to Ireland and the possibility of visa being refused. I don't have immigration intent but I do have a husband in the US (J1), a USC child and property here. Both my husband and I will be finished our training programs in 5 years.

Points in my favour:
scholarship which covers tuition, healthcare and stipend
top US program in my field - couldn't get this education in Ireland
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Old Feb 25th 2011, 2:30 pm
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Default Re: J2 (with 2yr HRR) to F1, possible?

Originally Posted by lonestargirl View Post
I'm somewhat nervous about travelling to Ireland and the possibility of visa being refused. I don't have immigration intent but I do have a husband in the US (J1), a USC child and property here. Both my husband and I will be finished our training programs in 5 years.
Yeah, these things are tricky. I think you'd definitely have a lot to worry about if your husband was a resident. (No medical pun intended.) As it is, your plan sounds perfectly reasonable to me - they've accepted your husband as a non-resident with a permanent residence outside the US, so in principle there's no reason why they shouldn't do the same for you. (I wouldn't volunteer the information that you own property in the US, but it's not a disqualification in and of itself.)

Having said all that, they can always refuse a visa for any or no reason. And I'm afraid I don't have a clue what impact (if any) the HRR would have, but if your school is aware of the issue and doesn't think it'll be a problem that's presumably a good sign...
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