Question about J1 Visa and restriction

[dba 0]

Dear all, I would like really to thank you for the efforts you do here in this forum and and I would like to ask for your help about something.

I’m currently a student in USA in Washington state I had a J1 Visa with a restriction to go back home to my country and i can't work here in USA . My Visa valid for 1 year I spent from them nearly 4 month until now. My question is what I can do to stay in USA to continue study and work in the same time? And what procedures I have to do? Please if you want more information feel free to send me. Thanks for your time and efforts replying me.

[summerspring 0]

Dear all, I would like really to thank you for the efforts you do here in this forum and and I would like to ask for your help about something.

I’m currently a student in USA in Washington state I had a J1 Visa with a restriction to go back home to my country and i can't work here in USA . My Visa valid for 1 year I spent from them nearly 4 month until now. My question is what I can do to stay in USA to continue study and work in the same time? And what procedures I have to do? Please if you want more information feel free to send me. Thanks for your time and efforts replying me.

hi there,

you can try to file for the change of status to either F1 (student) or K1/K3/CR1( if you are thinking about getting married to a US citizen) before your visa expired. Well, do it as soon as possible as it is going to take a while. I was a J1 visa holder as well and after that I applied for change of status to F1 student visa, it took me around 3 months. It was not a tough process, what you need to do is to apply n being accepted for a school. But of course, you will need to pay for school fee and need accumulate a lot of documents to support yourself. It depends on what you want, if you just want to pro-long the stay in US you can always go to those English language schools, then you can pay less, in terms of school fee and they will help you with the process.

Of course, there are some other options as well, like H1 working visa but that's kinda impossible unless you can get an employer to be your sponsor. Just try to do some research over the internet and then you will be able to get alot of related info that will be able to help you throughout the process.

Good luck.

Season.

[dba 0]

Dear Season, Thank you for your reply. If I applied for F1 visa to study, what period my Visa will be valid to stay when I take it and is the 2 years restriction will be canceled and it will be also easy for me to stay.

Also am going to be able to work here or not because I have to pay to my expenses to stay?

Concerning marriage visa (K1/K3/CR1) I don’t know a lot of information about them.I will search in the forum to read about them.

Thanks in advance for any help.

[sh18 3]

Dear all, I would like really to thank you for the efforts you do here in this forum and and I would like to ask for your help about something.

I’m currently a student in USA in Washington state I had a J1 Visa with a restriction to go back home to my country and i can't work here in USA . My Visa valid for 1 year I spent from them nearly 4 month until now. My question is what I can do to stay in USA to continue study and work in the same time? And what procedures I have to do? Please if you want more information feel free to send me. Thanks for your time and efforts replying me.

dba, I think you're talking about a different type of restrictions here, not the kind we are discussing in this forum section. If you adjust to F-1 status it doesn't mean that your restrictions will be gone. You can ask for a waiver if you get married to US citizen but I think it is pretty hard to do.

What I would do is: try to get F1 visa and slowly use up your J1 requirement by going home as much as you can (whole summer every year too), because it doesn't have to be done as a whole, but can be done incrementally.

[rika60607 215]

Normally, you are not allowed to work on F-1.

If you are a highly educated/special employee, you can probably find a company to sponsor H-1 visa for you.

If not, you could go to graduate school, that is if you qualify. You would be on F-1 visa, not allowed to work off campus, but usually you'd have a small stipend to support you. F-1 visa is for duration of studies, but usually no longer than 3 years (can be renewed) and only valid while you are enrolled in school.

If you have no degree and no special skills to secure a job or place in grad school, then may be you have a lot of money? Then you could go and get a bachelors degree, as a student.

If not, that's the end of it.

J-1 requirement to return home may be released by your country. It's up to them really. Otherwise you have to go back after your J-1 is over, I do not think you can switch to any other type of visa without fulfilling return requirement.

Dear Season, Thank you for your reply. If I applied for F1 visa to study, what period my Visa will be valid to stay when I take it and is the 2 years restriction will be canceled and it will be also easy for me to stay.

Also am going to be able to work here or not because I have to pay to my expenses to stay?

Concerning marriage visa (K1/K3/CR1) I don’t know a lot of information about them.I will search in the forum to read about them.

Thanks in advance for any help.

[Minya's wife 25]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

From the Dept of State's page on J-1 visas:

Two-Year Home-Country Physical Presence (Foreign Residence) Requirement

When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act, as amended, and Title 22 Part 40 and Part 41 in the Code of Federal Regulations.

Two-year Home-Country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement, INA 212(e) requirement, if the following conditions exist:

* Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

* Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;

* Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

Change of Status and Waivers of Requirement - If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, to INA 212(e) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers may be requested and if approved, obtained under these five separate bases:

* No Objection Statement;

* Exceptional Hardship;

* Persecution;

* Conrad Program, or

* Interested Government Agency

Further information can be found here.

[sh18 3]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

Or it can be met.

[Minya's wife 25]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

Or it can be met.

Yes, but my statement said the 2 year home presence requirement can only be 'nullified' with a waiver. If the requirement is met, that doesn't nullify said requirement, it fulfills its conditions.

[dba 0]

Dear all, I would like really to thank you for the efforts you do here in this forum and and I would like to ask for your help about something.

I’m currently a student in USA in Washington state I had a J1 Visa with a restriction to go back home to my country and i can't work here in USA . My Visa valid for 1 year I spent from them nearly 4 month until now. My question is what I can do to stay in USA to continue study and work in the same time? And what procedures I have to do? Please if you want more information feel free to send me. Thanks for your time and efforts replying me.

dba, I think you're talking about a different type of restrictions here, not the kind we are discussing in this forum section. If you adjust to F-1 status it doesn't mean that your restrictions will be gone. You can ask for a waiver if you get married to US citizen but I think it is pretty hard to do.

What I would do is: try to get F1 visa and slowly use up your J1 requirement by going home as much as you can (whole summer every year too), because it doesn't have to be done as a whole, but can be done incrementally.

Thanks sh18 for your reply …. Please can you check again for the part “If you adjust to F-1 status it doesn't mean that your restrictions will be gone?”

- About the marriage part I think it’s hard because I don’t know a lot of girls tell now.

- I’m trying to know more information about how to get F1 Visa and I started searching for places to study. About going home every summer this is will be more expenses on me but if it’s the last thing to do, I will do it.

Thanks again for the support.

[dba 0]

Normally, you are not allowed to work on F-1.

If you are a highly educated/special employee, you can probably find a company to sponsor H-1 visa for you.

If not, you could go to graduate school, that is if you qualify. You would be on F-1 visa, not allowed to work off campus, but usually you'd have a small stipend to support you. F-1 visa is for duration of studies, but usually no longer than 3 years (can be renewed) and only valid while you are enrolled in school.

If you have no degree and no special skills to secure a job or place in grad school, then may be you have a lot of money? Then you could go and get a bachelors degree, as a student.

If not, that's the end of it.

J-1 requirement to return home may be released by your country. It's up to them really. Otherwise you have to go back after your J-1 is over, I do not think you can switch to any other type of visa without fulfilling return requirement.

Hi rika60607,

I already have a bachelor degree and I’m certified in some courses and I have experience. Please give me more about the graduate schools because I don’t know anything about it. And kindly, do u know if I applied for F1 visa from home is the empassy going to accept it or not because of the 2 years residency ? Thanks a lot for your help.

[dba 0]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

Or it can be met.

i hope i don't have to go home to do the 2 years

[milimelo 4,550]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

Or it can be met.

i hope i don't have to go home to do the 2 years

A friend of mine was on a J-1 visa with 2yr HRR and came back to her home country just for two weeks to get her F-1 visa. After she completed the F-1 studies, her 2 yr HRR started when she went back to home country.

[dba 0]

The 2 year home country physical presence requirement of J-1 visas cannot be nullified any other way but with a waiver.

Or it can be met.

i hope i don't have to go home to do the 2 years

A friend of mine was on a J-1 visa with 2yr HRR and came back to her home country just for two weeks to get her F-1 visa. After she completed the F-1 studies, her 2 yr HRR started when she went back to home country.

Hi milimelo,

This means the only way to stay is marry and start working on the wavier papers. and in the same time start working in the F1 Visa procedures. am i right ?

[sh18 3]

Normally, you are not allowed to work on F-1.

If you are a highly educated/special employee, you can probably find a company to sponsor H-1 visa for you.

If not, you could go to graduate school, that is if you qualify. You would be on F-1 visa, not allowed to work off campus, but usually you'd have a small stipend to support you. F-1 visa is for duration of studies, but usually no longer than 3 years (can be renewed) and only valid while you are enrolled in school.

If you have no degree and no special skills to secure a job or place in grad school, then may be you have a lot of money? Then you could go and get a bachelors degree, as a student.

If not, that's the end of it.

J-1 requirement to return home may be released by your country. It's up to them really. Otherwise you have to go back after your J-1 is over, I do not think you can switch to any other type of visa without fulfilling return requirement.

Hi rika60607,

I already have a bachelor degree and I'm certified in some courses and I have experience. Please give me more about the graduate schools because I don't know anything about it. And kindly, do u know if I applied for F1 visa from home is the empassy going to accept it or not because of the 2 years residency ? Thanks a lot for your help.

Yeah, I had a friend who had J-1 requirement too but she got her F-1 visa from her country no problem, but yeah I don't think it removes the requirement...

[JERIII 8]

Normally, you are not allowed to work on F-1.

If you are a highly educated/special employee, you can probably find a company to sponsor H-1 visa for you.

If not, you could go to graduate school, that is if you qualify. You would be on F-1 visa, not allowed to work off campus, but usually you'd have a small stipend to support you. F-1 visa is for duration of studies, but usually no longer than 3 years (can be renewed) and only valid while you are enrolled in school.

If you have no degree and no special skills to secure a job or place in grad school, then may be you have a lot of money? Then you could go and get a bachelors degree, as a student.

If not, that's the end of it.

J-1 requirement to return home may be released by your country. It's up to them really. Otherwise you have to go back after your J-1 is over, I do not think you can switch to any other type of visa without fulfilling return requirement.

Hi rika60607,

I already have a bachelor degree and I'm certified in some courses and I have experience. Please give me more about the graduate schools because I don't know anything about it. And kindly, do u know if I applied for F1 visa from home is the empassy going to accept it or not because of the 2 years residency ? Thanks a lot for your help.

Yeah, I had a friend who had J-1 requirement too but she got her F-1 visa from her country no problem, but yeah I don't think it removes the requirement...

It doesn't remove the requirement, but it does postpone it. You don't need to do your residency immediately after the J-1 ends.