Can I get an F-1 after returning from my J-1 exchange trip ?

[ahmadka 0]

Hi guys .. I've had a question in my mind for a few weeks which I wanted to address, even though I don't have any evidence to suggest that it can be a problem for me ..

I did Masters in ECE through Fulbright scholarship from 2009 to 2011, while being on the J-1 Visa. Now I'm planning to do a second Masters in CS from a US university.

So I'm wondering if there's any law of rule which prohibits a person from getting an F-1 Visa if they've already held a J-1 visa previously at some point.

After leaving the US in May 2011, I went to the US again once for only 2 weeks in May 2012 for attending my Masters Commencement. I went on a Visitor's Visa, which is still valid, but hasn't been used since May 2012.

So can this be a problem for me, or am I just being paranoid ?

By the way, I want to do a second Masters because of a change in career path .. My existing degrees are causing problems for me so I want to correct that ..

Edited October 13, 2014 by ahmadka

[StrawberryKiss 170]

If you fulfilled your 2 year home residency requirement after your J-1 program expired (and it sounds like you've been back home for more than 3 years now), you should not have a problem filing for an F-1.

Edited October 13, 2014 by StrawberryKiss

[ahmadka 0]

Thanks, for you might have misunderstood a little (My explanation may have been faulty).

The two Masters programs are discrete, and the first one finished in May 2011, when I returned back to my country. Since then, it has been over 3 years now that I've been within my home country (excluding 1-2 very short visit trips abroad. So I guess I am eligible to apply for an F-1 Visa now, right ?

I mean, there's no law as such which denies a person the F-1 visa, after they've completed their previous J-1 program, AND have also been in their home country for at least 2 years after coming back from their J-1 program ?

[NancyNguyen 1,657]

Yes if you can pay for college, prove ties to your country and will come back after finishing , US welcomes you. I believe your previous j1 and 2yrs home are a plus.

[StrawberryKiss 170]

There is no law preventing you from getting an F-1 at this time since you successfully fulfilled your 2 year HRR. That could have been the only thing getting into your way.. and if you ever unlawfully overstayed or committed severe crimes after returning to your home country.

And as NancyNgyuen pointed out, you should have proof of having strong ties to your country and of assets to pay for tuition and support yourself.

[ahmadka 0]

Thanks for your feedback people

How do I prove I have 'strong ties' to my country ?

Except my elder brother who lives in Dubai, all my family (even distant family) lives within my own country ... I don't know anyone within my family who is an expat to any country, and I have no family, no uncles, etc. in the US.

My parents are both alive but are old. Although my father still works after having been honorably retired from his lifelong occupation a few years ago, my parents would still like someone to stay with them here, and so I don't have a problem coming back.

Does this help satisfy their need that I have 'strong ties' to my country ?

What else can I do to prove that I intend to come back after my program ?

[ahmadka 0]

Would love if someone can chime in to address what I said above ..

[MUXAGIRL 69]

I don't think getting one NIV after another NIV is a problem at all, as evidenced by you getting a visitor's visa in the past after J1. The only question might be why another Masters, why not PhD, as that seems like a logical step. But as long as you have the ability to pay the tuition, and are going back to your country and can prove enough ties to your country, you can get it, why not?

I was issued a multitude of NIVs before I received my GC, and I was issued F-1 multiple times, for various levels of my studies and for various durations. So, its not a problem. Every time, I was just asked what were my plans after my studies, and it was never my intention to stay back in the US then and I had replied accordingly.

[Boiler 45,516]

Judging from past threads the people who fail seem to be using a Student Visa as the basis to live in the US not as a logical extension of their studies.