Can I change status from J1 to O1 without leaving the US?? when should I quit my J1 appointment?

[Mattina 0]

Hi ,

 

I have 2 questions related to the process of changing from J1 to O1A after approval.
I am a researcher on a J1 visa exempt from the 2-year home country requirement. I recently had my O1-A petition approved. The company lawyer says that because of my J1 visa I need to go out of the US to get a visa stamp and then come back to the US and start my new job. I contacted the US embassy in my home country and they say that I dont need to do that since I am already in the US and my petition has been approved.

 

1) Who is right? I really dont want to go out of the US, the consulate processing times can be very long. 

 

2) Now that my O1 is approved how does it work? I resign from my current job and just start my new appointment after a few days?

Appreciate the help

 

 

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Edited February 11, 2022 by Mattina

[Boiler 45,783]

If you do not want to get the visa then you could change status, question of course is how long that would take, how much longer you have on your J1 and are you ok with being land locked.

[aaron2020 11,651]

Did you file for a change of status?  Or did you file for a visa?

If you want to file for a change of status, then go for it.  You'll have to wait for your EAD in order to work.  That's 6-8 months.

 

Don't take legal advice from the US Embassy in your home country.  It's not their job to give legal advice.  They don't know your situation like your lawyer does.

 

Listen to your lawyer.  

[Pasta 1]

I had to get a new O1 stamp overseas in order to start my O1 status because I was subject to the 2 year rule. My understanding is that you were eligible to do a change of status since you are exempt from the 2 year rule, so your I-129 in your O1 application is also your change of status application. The I-797 approval for your O1, does it have an I-94 attached to the bottom? If so, that’s your current O1 status.
 

I’m not certain is this is always the case, but my F1/J1 change of status and O1 extensions with I-94s (no need to leave the US) we’re on I-797A notices while my O1 approval notice (no I-94, needed to take the notice to the embassy for a new stamp) was an I-797B.
 

The next time you do exit the US, you will need to get a new O1 stamp before you can re enter.  You need to notify your J1 sponsor to end your J1 status. 

[igoyougoduke 1,663]

On 2/11/2022 at 9:46 AM, Mattina said:

Hi ,

 

I have 2 questions related to the process of changing from J1 to O1A after approval.
I am a researcher on a J1 visa exempt from the 2-year home country requirement. I recently had my O1-A petition approved. The company lawyer says that because of my J1 visa I need to go out of the US to get a visa stamp and then come back to the US and start my new job. I contacted the US embassy in my home country and they say that I dont need to do that since I am already in the US and my petition has been approved.

 

1) Who is right? I really dont want to go out of the US, the consulate processing times can be very long. 

 

2) Now that my O1 is approved how does it work? I resign from my current job and just start my new appointment after a few days?

Appreciate the help

 

 

Less

 

you dont need stamping unless you plan to leave US and reenter the country. Considering you have change of status to O1 you need to get a visa in O1 category for you to reenter USA. This only applies when you leave US. if you have no plans than you dont have to get any visa stamping but potentially is an issue should have to travel abroad for any reason than you cannot reenter without O1 visa stamping in passport. 

 

O1 change of status allows you to work in O1 category but does not allow you to reenter the country without 01 category visa stamp in passport 

Edited February 14, 2022 by igoyougoduke

[Coco8 1,042]

1) Who is right? I really dont want to go out of the US, the consulate processing times can be very long. 

 

If they did AOS you do not need to leave the US. I'd ask the company to put you in contact with the lawyers that did your O1 visa. The company might have no clue and it's like a telephone game. You cannot leave the US, though, and if you do, you'll need to travel to get the stamp. 

 

2) Now that my O1 is approved how does it work? I resign from my current job and just start my new appointment after a few days?

 

It depends on when the O1 starts, but yeah. Again, ask the company to put you in contact with the lawyers or ask them to do a group call with the lawyers. 

Edited February 15, 2022 by Coco8

[vincee 2]

Yes you can change your status from J1 to O1 without leaving the US. Note that once your O1 effective date kicks in your J1 status will be cancelled.