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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Question Do I Need to Attend School when I Am Pending of Change J1 to F1

    Hello,there. I am an au pair and my J1 visa will expire on Sep.of 2009. I have received the acceptance letter from a university but not the I-20 form. They said once I get the I-20 and begin to applying the status changing, I must attend to school and I would not be a J-1 visa holder anymore even I am pending. They told me that at the moment that the request for change of status is filed , I am no longer in the J-1 status classification as applicants are no allowed to retain two separate nonimmigrant status.
    Is that true? Does that mean I would not be able to work as an au pair anymore since the moment I begin to request the status change?

    Thanks for your attention.

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

    Default Re: Do I Need to Attend School when I Am Pending of Change J1 to F1

    When you entered on your J-1 visa, you made certain commitments to abide by the terms of your visa. (There are J-1 visas that permit full-time study, but your University has determined that yours isn't one of them - and I wouldn't expect it to be, given that you entered as an au pair and not, for example, as a research scholar.) Your declaration that you are seeking to adjust to F-1 status is a declaration to the USCIS that you're no longer going to abide by the terms of your J-1 visa, the terms upon which you entered the United States, so the net effect of seeking the F-1 is that you go out of status on your J-1.

    Your college should be able to advise you on the timing of your actions, so that your transition from J-1 au pair to F-1 student is seamless.

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Do I Need to Attend School when I Am Pending of Change J1 to F1

    Thanks a lot,Mr. Knowitall.
    I have one more question, it is said if you changed your status from J1 to F1, you could not go back to your country until you finished your school. Especially, for the people coming from my country China. Because once you go back to China, it is hardly to get a visa for coming back to continue your study.
    It makes me so sad, in that case, I can not visit my family even in summer break at all.

    Is that true?

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