I have got 1 year J-1 Visa for internship in USA, there is written I have to spend 2 years in my home country after Internship. Is it necessary to spend 2 years in Home country or can i extend my J-1 for 2 years more while staying in USA. Can i change my J-1 to F-1 after 1 years while i physically present in USA. This is my post graduate fellowship and I wanted to continue my P.HD, In which Visa category and how can i stay longer in USA, Give me suggestion
How can i extend J-1 Visa with 2 year home residency? Can i change it?
If an exchange alien requires an extension beyond the initial admission period, the alien shall apply by submitting a new Form DS-2019 which indicates the date to which the alien's program is extended. The extension may not exceed the period specified on Form DS-2019, plus a period of 30 days for the purpose of travel.
There are five statutory bases upon which you can apply for a waiver of the two-year foreign residence requirement:
1. a no objection statement from your home government,
2. a request from an interested U.S. Government agency on your behalf,
3. a claim that you will be persecuted if you return to your country of residence,
4. a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your home country, and
5. a request from a state public health department, or its equivalent, on your behalf (only applies to foreign medical graduates who obtained J-1 status for graduate medical training or education).
You are not eligible for a change of status to F-1. Any alien classified as a nonimmigrant under section 101(a)(15)(J) of the Act who is subject to the foreign residence requirement of section 212(e) of the Act and who has not received a waiver of the residence requirement, except when the alien applies to change to a classification under section 101(a)(15)(A) or (G) of the Act is not eligible to change their nonimmigrant status.
How can i extend J-1 Visa with 2 year home residency? Can i change it?
No, you cannot extend or change your status if you have 2 year home residency. You have to fulfill 2 year home residency then you can apply F1.
Fred and I have been having an interesting side conversation on this. I wasn't actually aware you couldn't change status in the US while subject to the 212e residency requirement. however, that wouldn't preclude you from applying for a new visa outside of the US without a waiver and coming back. you would need a waiver for any immigrant or H or L employment based nonimmigrant visa though, but not for an F or J or any other nonimmigrant visa. But, even if though the new visa could be issued, you would remain subject to the residency requirement until it was fulfilled or you got a waiver.
