J1 Subject of 2 year rule, can I apply for F1 visa meantime?

[Rosenflower 0]

Hi!

 

I wonder whether one can apply for a F1 visa (to study in the US) while being subject of the 2 year rule due to J1 visa? 

 

My 2 year rule will end next year (in March)  however I wanted to apply for university in the US for the fall coming semester, which would mean I have still around 7-8 months left on the 2-YEAR home residence requirement. 

 

I am confused because I have called the embassy and they do not seem to know neither, a student organization I spoke to said it should be no problem as long as I'm not applying for another J1 visa or work in the states during this time. However, they were not sure, seems like no one really knows. 

 

Has anyone applied for a student visa while being subject of the 2 year rule? Did it go through? 

I would love to know before I spend the money on application and visa process..

 

NOTE: The reason I became subject of the 2 year rule is due to my J1 visa I received last year due to an internship that lasted for 3 months. The two-year rule in my case is based on : Government financing (since I was a student at the moment) 

 

Thanks in advance

 

 

 

[Unlockable 7,314]

The 2 year has to be completed. The reason they put the 2 year rule into place is so the immigratant can give back and share the knowledge they learned here in the US. Not only that, they funded your stay so it is a way to pay the government back.

 

You agreed to it, no changing your mind now.

 

You can apply for a student visa to get the ball rolling but you need to abide by the J1 rules.

[Coco8 1,042]

On 2/8/2018 at 12:42 PM, NuestraUnion said:

The 2 year has to be completed. The reason they put the 2 year rule into place is so the immigratant can give back and share the knowledge they learned here in the US. Not only that, they funded your stay so it is a way to pay the government back.

 

You agreed to it, no changing your mind now.

 

You can apply for a student visa to get the ball rolling but you need to abide by the J1 rules.

 

Not true. 

 

The only visa you cannot get is an H1B or similar, or a green card. 

 

I had a J1 with 2 year rule and got an F1.  I actually know a lot of people who switched from a J1 with 2 year rule to an F1, sometimes even immediately. 

 

 

Edited February 9, 2018 by Coco8

[Unlockable 7,314]

2 hours ago, Coco8 said:

 

Not true. 

 

The only visa you cannot get is an H1B or similar, or a green card. 

 

I had a J1 with 2 year rule and got an F1.  I actually know a lot of people who switched from a J1 with 2 year rule to an F1, sometimes even immediately. 

 

 

What was required? A waiver?

 

From what I understood the only way to bypass the 2 year rules was via marriage to a USC. 

[Coco8 1,042]

1 hour ago, NuestraUnion said:

What was required? A waiver?

 

There is nothing required to get an F1 (student visa) after a J1 w/2 year requirement. No waiver.

 

F1 is a student visa what J1 with 2 year requirement does not allow is anything that could lead to you working/living in US. That is why H1B is not allowed. Although an O1 is allowed but they are very hard to get. You cannot apply for green card either. 

 

1 hour ago, NuestraUnion said:

From what I understood the only way to bypass the 2 year rules was via marriage to a USC. 

 

No, you are wrong again. If you have a J1 with a 2 year requirement, marriage to US citizen does not void the requirement. It is actually a very common issue and there are tons of threads on VJ of people who have to live apart for 2 years or move to other countries. 

 

[Rosenflower 0]

Thank you so much for your help, I have been calling and asking round and it seems like what @Coco8stated is true, I also read that a F1 visa is a non-immigrant visa which is why the 2-year rule does not apply here. the 2 year rule does only apply when it is a matter of immigrant visas such as Green Card and H1B (according to the answers I've been given by different people) its a shame though, that the embassy cannot answer this question although I have called them a few times and asked serval people working there :/ 

 

Thanks all 

Best

 

[Coco8 1,042]

2 hours ago, Rosenflower said:

Thank you so much for your help, I have been calling and asking round and it seems like what @Coco8stated is true, I also read that a F1 visa is a non-immigrant visa which is why the 2-year rule does not apply here. the 2 year rule does only apply when it is a matter of immigrant visas such as Green Card and H1B (according to the answers I've been given by different people) its a shame though, that the embassy cannot answer this question although I have called them a few times and asked serval people working there :/ 

 

Thanks all 

Best

 

 

Sometimes they do not want to answer just because they do not care or they cannot really say if a visa will be approved or not.

 

Also, if you get the F1, any trip you make back to your country (e.g. holidays, summer vacation) counts towards your 2 years of home residency. So I'd keep an excel spreadsheet with when you arrived, when you left, number of days, and also keep evidence of flight tickets. 

 

That way, you can make sure you abide by the 2 year residence thing and when you finish studying, you can do whatever you want.

 

[Rosenflower 0]

@Coco8 Thank a lot!! Will do that, its great to know. Since, I'll be most likely returning home for holidays at least during the Christmas season. Not sure, considering I will be studying in a expensive city my savings will probably not last for so many holidays haha. 

Also, one question if you can answer it. Can I apply for a OPT after my year of studying in USA? Would love to try it out in order to boost my cover letter with a year working experience in the states, I don't see myself there for much longer because I have all my relatives here in Europe but would love to take on the opportunity if given. Will the current 2-year rule be a problem if I chose to apply for OPT right after I end my studies in the US? 

 

Thank you 

x

 

[Coco8 1,042]

1 hour ago, Rosenflower said:

@Coco8 Thank a lot!! Will do that, its great to know. Since, I'll be most likely returning home for holidays at least during the Christmas season. Not sure, considering I will be studying in a expensive city my savings will probably not last for so many holidays haha. 

Also, one question if you can answer it. Can I apply for a OPT after my year of studying in USA? Would love to try it out in order to boost my cover letter with a year working experience in the states, I don't see myself there for much longer because I have all my relatives here in Europe but would love to take on the opportunity if given. Will the current 2-year rule be a problem if I chose to apply for OPT right after I end my studies in the US? 

 

Thank you 

x

 

Yes, you can use the OPT. 

 

No, the 2 year rule does not have anything to do with the OPT because the OPT is an extension of the F-1. 

 

I also recommend the OPT. I have friends who did the OPT and that gave them better chances at getting really good jobs in their own countries or other countries. 

 

 

 

 

[Stylish 3]

15 minutes ago, Muhammad369 said:

when did you applied your case?

 

On 2/10/2018 at 5:41 PM, Coco8 said:

 

Sometimes they do not want to answer just because they do not care or they cannot really say if a visa will be approved or not.

 

Also, if you get the F1, any trip you make back to your country (e.g. holidays, summer vacation) counts towards your 2 years of home residency. So I'd keep an excel spreadsheet with when you arrived, when you left, number of days, and also keep evidence of flight tickets. 

 

That way, you can make sure you abide by the 2 year residence thing and when you finish studying, you can do whatever you want.

 

This is really helpful information from you. Do you think with my waiver pending I could apply for F1 visa? P.S: we previously chatted concerning my j1 and overstaying...

[Coco8 1,042]

1 hour ago, Stylish said:

 

This is really helpful information from you. Do you think with my waiver pending I could apply for F1 visa? P.S: we previously chatted concerning my j1 and overstaying...

Yes, you can apply for an F1. But it would have been easier if you had left for your country after the J1 and come back.

 

I don't know the specifics of your case. The problem is that you have an overstay, the F1 won't work.  I don't know what your current status is, so it would depend on your current status, whether you overstayed, or if you have a ban. All that could end in a denial of an F1 by a consulate. They could also think that since you have been in the US and now want a waiver, the F1 is more of an excuse because you don't plan to go back to your country.

[Stylish 3]

On 5/30/2018 at 12:39 PM, Coco8 said:

Yes, you can apply for an F1. But it would have been easier if you had left for your country after the J1 and come back.

 

I don't know the specifics of your case. The problem is that you have an overstay, the F1 won't work.  I don't know what your current status is, so it would depend on your current status, whether you overstayed, or if you have a ban. All that could end in a denial of an F1 by a consulate. They could also think that since you have been in the US and now want a waiver, the F1 is more of an excuse because you don't plan to go back to your country.

Thanks. You've been really helpful.

[Coco8 1,042]

4 hours ago, Stylish said:

Thanks. You've been really helpful.

To be clear, if you want to do an F1 after a J1 with 2 year rule, you must get the F1 at your consulate. It is not allowed to change status within the US.

[bayfinest 27]

On 2/9/2018 at 12:39 PM, Coco8 said:

 

Not true. 

 

The only visa you cannot get is an H1B or similar, or a green card. 

 

I had a J1 with 2 year rule and got an F1.  I actually know a lot of people who switched from a J1 with 2 year rule to an F1, sometimes even immediately. 

 

 

True, I have friends done this before without any problem. As long as your J1 is still valid you can go ahead and apply for F1.