O1 inside the US as no embassy processing? (split)

[j1_nocwaiver 8]

I have a 212(e) and I am applying for the o1 visa. At this point, as no embassy is processing visa, can I do the adjustment within the US even if I have the 2 years rule. Currently, I am working on J1 visa.

[Penguin_ie 5,993]

*** post split from old thread by other member about another issue.  PLease ask questions about your own case in your own thread *****

[jan22 3,053]

No, you may not, unless you have received a waiver of the home residency requirement.  Per the USCIS website (https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status): 

 

If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

• You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
• You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
  • If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)

Edited June 27, 2020 by jan22

[Pasta 1]

You can apply for the O1 but cannot change status in the US. You have to get a new O1 stamp from outside the US. Until you do that I think your status ends when your J1 ends even if you have an O1 approval notice. You can only change status in the US if you aren’t subject to the 2 yr rule anymore, either by waiver or if already fulfilled. 
 

My path was J1 (still had about 8 mo of validity when my O1 was approved) -> O1 (returned home for stamp) -> J1 waiver -> AoS for marriage 

Edited June 27, 2020 by Pasta

[fs2439 46]

On 6/27/2020 at 2:16 AM, j1_nocwaiver said:

I have a 212(e) and I am applying for the o1 visa. At this point, as no embassy is processing visa, can I do the adjustment within the US even if I have the 2 years rule. Currently, I am working on J1 visa.

Let us know how you solved this. Thank you