Question about status change from J1 to F1

[oesmo 0]

Hi,

I am in the US under J1 visa, which expires in October 1. I intend to apply for status change from J1 to F1 for the fall 2015 semester. I have a few questions:

If I do not receive the approval before the start of the classes, am I going to be asked to update my I-20 for Spring (if I defer my admission)? If they do, will they wait until 1 month before the start of Spring classes to give me the result of status change?(even if I apply for that now)

Finally, the last question is, will they reject my status change request for Spring semester, because my current status ends in October 1 (3 months before the start of spring classes)?

Thanks.

[Unidentified 2,930]

Hi,

I am in the US under J1 visa, which expires in October 1. I intend to apply for status change from J1 to F1 for the fall 2015 semester. I have a few questions:

If I do not receive the approval before the start of the classes, am I going to be asked to update my I-20 for Spring (if I defer my admission)? If they do, will they wait until 1 month before the start of Spring classes to give me the result of status change?(even if I apply for that now)

Finally, the last question is, will they reject my status change request for Spring semester, because my current status ends in October 1 (3 months before the start of spring classes)?

Thanks.

First of all, have you made sure you're not from a country that is under the 2 year home residence requirement? If you are then you will have to leave the states and then come back on an F1 visa or get a waiver of the requirement.

Check with the school but a lot of schools in America are used to people switching from J1 to F1 and they will help you out with the process as long as you have all the paperwork done. Have you checked their website? A lot of them has checklist for what needs to be done and who to contact and they would probably also be able to answer your questions.

[oesmo 0]

First of all, have you made sure you're not from a country that is under the 2 year home residence requirement? If you are then you will have to leave the states and then come back on an F1 visa or get a waiver of the requirement.

Check with the school but a lot of schools in America are used to people switching from J1 to F1 and they will help you out with the process as long as you have all the paperwork done. Have you checked their website? A lot of them has checklist for what needs to be done and who to contact and they would probably also be able to answer your questions.

Hi Maria & Steve,

Thank you for your answer,

Regarding the two year rule, I am not subject to that according to my DS-2019 and visa stamp; however, since I was partially funded by government, my university says most probably the embassy has made a mistake and if I request advisory opinion I will be subject to!

Regarding the need to back to my home country, are you sure that even if I am subject to that rule, I can not apply for the status change inside the US? I remember from my university officials that once they told me I can request for the change in side the US (while being subject to the rule); however, the restriction to return back to my home country remains and I will have to return after graduation.

[Unidentified 2,930]

Hi Maria & Steve,

Thank you for your answer,

Regarding the two year rule, I am not subject to that according to my DS-2019 and visa stamp; however, since I was partially funded by government, my university says most probably the embassy has made a mistake and if I request advisory opinion I will be subject to!

Regarding the need to back to my home country, are you sure that even if I am subject to that rule, I can not apply for the status change inside the US? I remember from my university officials that once they told me I can request for the change in side the US (while being subject to the rule); however, the restriction to return back to my home country remains and I will have to return after graduation.

What country are you from?

I am not sure. Some people say if you are you can switch and do the 2 year requirement later and some say you need a waiver for that to happen. I recommend either asking the embassy or talk to an immigration lawyer.

[oesmo 0]

What country are you from?

I am not sure. Some people say if you are you can switch and do the 2 year requirement later and some say you need a waiver for that to happen. I recommend either asking the embassy or talk to an immigration lawyer.

From Iran.

in i-539 form instructions there is a paragraph saying:

"A change of status may be granted for a period up to 30 days before the report date or start date of the course

of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before the

report date or start date of the course of study listed on Form I-20 or your requested change of status may not be

granted."

My current J visa expires in Oct 1, and classes start in January 13. According to this paragraph, since in the period of time between October 1 and December I do not maintain any visa, I will be rejected. Is that right?

I have emailed a US embassy but I have not received any response.

[Unidentified 2,930]

From Iran.

in i-539 form instructions there is a paragraph saying:

"A change of status may be granted for a period up to 30 days before the report date or start date of the course

of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before the

report date or start date of the course of study listed on Form I-20 or your requested change of status may not be

granted."

My current J visa expires in Oct 1, and classes start in January 13. According to this paragraph, since in the period of time between October 1 and December I do not maintain any visa, I will be rejected. Is that right?

I have emailed a US embassy but I have not received any response.

Yes you would be out of status and be rejected. You're probably going to have to waiver that requirement somehow but I doubt you'll be able to stay in the states between October and December as you'll be out of status.

Hopefully your embassy can help you out.