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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default J1 Visa for Tourist Visa

    Hello!

    Please advise on the following:

    I'm a J1 intern/trainee on a 18 -month's length program. My program is going to be over in 6 months. I'm currently on a good standing status. In my visa it says 2-year rule doesn't apply. So my program sponsor says that even though it does say so in my visa the rule will still apply to me.. Is is accurate information? Will I be able to reapply for the same program again without being in my country for 2 years?

    By-side question: Can i change my current J1 for a tourist visa being IN the US? if so, how long before hand shall I start the paperwork process?

    Thank you for your prompt reply!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 Visa for Tourist Visa

    Although if the box next to the phrase, "Subject to the two-year rule", would indicate that you are subject to that rule, the home residency requirement can apply even when the box is not checked. Your sponsor apparently has information that we do not; get details from the sponsor or discuss your case in detail with an immigration lawyer.

    You can't change your status from within the U.S. if you're subject to the HRR.

  3. #3
    Join Date
    Oct 2011
    Posts
    3

    Default Re: J1 Visa for Tourist Visa

    Thank you for your response.

    The program sponsor tells only genereal information that everyone is subject to 2 year HRR, which is not true.

    Here's the info that I found, and it doesn't seem i can relate to any of them.

    Subject or Not Subject, That is the Question!

    You are subject to the two year home residency requirement if:
    Funded in whole or in part by your home government or the United States government,
    Acquiring a skill that is in short supply in your home country according to the "Exchange Visitors Skills List"
    Participating in a J-1 graduate medical education or training program sponsored by ECFMG (Educational Commission for Foreign Medical Graduates); or
    If you are a J-2 dependent of an Exchange Visitor who is subject to the two year home residency requirement.

    Does it still mean this rule can be applied to me no matter what?

    Thanks again!

  4. #4
    Join Date
    Oct 2011
    Posts
    3

    Default J1 to Tourist Visa

    Good day to you!

    Please give me an explanation on the following:

    I'm a J1 intern from Russia, in the US for a 18-month training.
    My visa expires in April. I'm aware of the 30-day grace period. However, I'd like to take more time to travel around and go to the nearby countries, even Latin America maybe and it will take me more then 30 days and entails some savings too.

    So I was wondering if I can get a tourist visa right after my J1 expires? I have no intention to stay permanently in the US however i want to take advantage of being here to see more places.

    Please advise if such changes are possible while still being in the US and if so, how long in advance should i apply and where (embassy or consulate?). I live in CA now.

    Thank you very much for your reply, much appreciated!!

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 to Tourist Visa

    You're still either subject to the two year HRR or you're not. We can't check that for you. If you're not, you can change your status. If not, you cannot.

    If you can and do petition for COS, you need to do so while you remain in status, and then (to avoid overstay) you need to leave the U.S. if (a) the duration of your requested stay as a visitor ends (up to the maximum amount of time you can be approved for admission under the visa at issue) or (b) your COS is denied.

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