Traveling between two visas

[lincoln 1]

Hello !

Here is my problem, my J-1 internship ends on march 31, 2013 but I am planning on applying for a B-1 visa for a voluntery work program as I am member here of a non-profit and volunteer and I want to end the program.

But I have a few questions left without answers...

1) Can I apply for a change of status while here from J-1 to B-1 with for example the B-1 starting on May 1 even if the internship (J-1) ends on march 31 ( or since I think B-1 is for six months every year during ten years, there is no specific "date?!)?

2) Can I apply here for a change of status right now and, if it starts on let's say May 1, just go back to France for one or two weeks(my home country)after the J-1 and before the B-1 starts even if I know I will have the interview for the visa? (not sure I am making this clear

Thank you very much !

[lincoln 1]

When you mentioned you want to change your status, do you mean you are seeking AOS? If so, I don't think you can file for AOS basing on your J-1 visa. The J-1 visa is not considered immigrant visa. For B-1 visa you are planning to apply to, first of all, it is not to say you can always be granted ten-year B1 visa if you can pass the interview. The visa officer will make decision of the validity of how long and time period you can stay for each travel if you can get the B1 visa. Wish the answer can be helpful to you.

Thank you for your answer. No, I am not looking for AOS, AOS is to go to immigrant status, and this is not what I am seeking, a change of status is different from AOS, it is going from non immigrant to non immigrant.

Then, I do know the B-1 visa will be automatically for a ten-year period and this is not what I am looking for, my question was related to the process of change of status itself and the fact of going back to my home country in-between

[lincoln 1]

Oh no problem, thank you for your message!

[Boiler 45,993]

My first thought is whether your volunteering is in a situation where a B1 would be applicable.

[lincoln 1]

Well, if you check the USCIS website you will see that there is something called "voluntary work program" in the B-1 visa category applicable for people members of an organization benefitting american citizens.

It's of course a question I asked myself before thinking about the traveling in-between.....

Edited December 14, 2012 by lincoln

[Boiler 45,993]

So you can show you will be doing something that would not be paid?

[lincoln 1]

So you can show you will be doing something that would not be paid?

If you read my first message you can clearly read this would be with an organization I am already VOLUNTEERING for...Voluntary=Volunteer=NO PAY

[Boiler 45,993]

You have not answered my question.

[lincoln 1]

You have not answered my question.

I did answer, you just don't take it as an answer, to me when I say I am volunteering for a non-profit organization, it implicates that I can of course show it's not paid, I think it's enough obvious that when you decide to apply for a B-1 visa for VOLUNTARY WORK you will obviously have at some point to show it's actually VOLUNTARY - as for every single visa process for the US

Oh by the way, you are welcome to try answer my questions too

Edited December 14, 2012 by lincoln

[Boiler 45,993]

I did answer, you just don't take it as an answer, to me when I say I am volunteering for a non-profit organization, it implicates that I can of course show it's not paid, I think it's enough obvious that when you decide to apply for a B-1 visa for VOLUNTARY WORK you will obviously have at some point to show it's actually VOLUNTARY - as for every single visa process for the US

Oh by the way, you are welcome to try answer my questions too

I do not know the answer, it is material and relevant which is why I asked it.

You are just repeating information you stated originally.

Wondering if we have a language issue. It does not matter if you get paid or not, it matters if it is a job that would or could be paid.

Working at a soup kitchen is the usual example given of a volunteer job, never paid.

[lincoln 1]

We may have language issue because if you read well and carefully my last message, I don't repeat anything, I say applying for a B-1 visa voluntary work program means you have to SHOW at some point evidence it is well voluntary (SHOW=EVIDENCE)and in the previous message I give precision about the meaning of VOLUNTARY (NO PAY)

so it OF COURSE matters if you get paid because you are not supposed to get paid if you apply for a voluntary work program. Then you should check the USCIS website that mentions the organization has to be either a religious organization or a charitable one, this is exactly why it is different from a regular B-1 visa for business purpose... So I hope you will be able to make the conclusion yourself

Edited December 14, 2012 by lincoln

[Boiler 45,993]

Well I tried.

[Harpa Timsah 13,258]

Boiler is tying to help you Lincoln.

You cannot work for no pay in a job that could be paid or is normally paid on a B visa. His question is, could someone else do the work you plan to do and get paid for it?

So, what is the job you are going to be doing?

[Dave&Roza 748]

We may have language issue because if you read well and carefully my last message, I don't repeat anything, I say applying for a B-1 visa voluntary work program means you have to SHOW at some point evidence it is well voluntary (SHOW=EVIDENCE)and in the previous message I give precision about the meaning of VOLUNTARY (NO PAY)

so it OF COURSE matters if you get paid because you are not supposed to get paid if you apply for a voluntary work program. Then you should check the USCIS website that mentions the organization has to be either a religious organization or a charitable one, this is exactly why it is different from a regular B-1 visa for business purpose... So I hope you will be able to make the conclusion yourself

Let's try it a different way as the FAA has crazy rules about what is considered being hired to fly an airplane. Your friend wants to go to Florida, but you have no reason to go there. You decide to take him and share the costs 50:50 per FAA rules. So this is not a flight for hire correct--using your definition it would be because you are not getting paid for the flight. However, the FAA looks at flying time as compension and that you are taking an opportunity away from a charter company. So even though you are not receiving a salary or monatary benefits, someone else could and you are taking that oportunity away from them. That is what Boiler is asking. Is this job considered voluntary or is it just that you are volunteering and not receiving any form of compensation, but someone else would under normal situations.

Dave

[lincoln 1]

And what I am trying to say through ALL these messages is : don't you think I don't know that, seriously ?!?!?! This is the kind of question you ask yourself way before "oh can I travel in between?" !!!! Damn it's crazy, there are about 30 non-immigrant visas, all of them very specific, and one of them is the B-1 which can be used either for business purpose or voluntary work program, you really think I don't know the USCIS is going to ask me if I am going to do a job "really volunteer" or just something that could be done by an employee, it's something you think about when you apply for such a visa ! go read the conditions of this visa, it is for religious or charitable organizations, it is OBVIOUS enough with that said that what I will be doing IS NOT something that could be a paid position,I wouldn't lose my time applying for such a specific visa if I didn't know all the conditions to apply for it.You are all thinking you are desperately trying to explain me something I already know and asked myself about WAY before posting this topic