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J1 Visa going to expire-Which Visa can I switch to?

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  • DesiOPT-FaceBook-Fan
    replied
    That was some thing new to know. I had J1 and after finishing the program I went back to home country but stayed there only for 1 year 8 months. I came back on an F1 visa. The VO neither asked me anything about the J1 nor commented anything about it. I assume that I still have that 2 year home country residency requirement on me. Lawyers said I must get a waiver on the based of NORI before applying for an H 1 or filing a marriage based green card . ( I m afraid that my green card petition might get rejected because of not fulfilling the rule) could you please share the information with me ? How much time did u spend in india after returning from J1 ? Were you subject to 2YHR ?

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  • DesiOPT-FaceBook-Fan
    replied
    your right, but I use to be on J1 as well on 2008 , after my visa done I moved to India and reapplied for F1, so the VO voided the j1 and approved F1, and I had no issues of getting H1 also,
    In this case if stayed in USA and get convert to F1 then he is subject to get waiver,
    Again case to case is different
    It's always better to fly back India and change ur status, bcz getting waiver from USA in India it's a big deal,
    Good luck

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  • DesiOPT-FaceBook-Fan
    replied
    I assume that you are subject to 2 Year home country residency requirement. You can extend the J1 visa or you can switch to a Student visa (F1) by getting an I 20 from a college/University. Make sure you apply for a J1 WAIVER as soon as your J1 visa expires. You are eligible to go on an F1 but you will not be eligible to get an H1 or Green card/Citizenship until you get a J1 waiver or you fulfill the 2 year home country residency requirement. If you are not subject to 2YHR then you can find an employer to file for your H1. Marrying a Citizen can be an option too but at the time of your green card processing , USCIS may raise a question on your purpose of entering on J1 visa.

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  • J1 Visa going to expire-Which Visa can I switch to?

    I m on J1 visa and my visa is about to expiry in a couple of months. Can someone suggest me a visa I can switch to stay in the United States.

    This was posted on https://www.facebook.com/desiopt1 on August 2nd 2013
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