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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Question How to Stay in Status While Changing J1 to F1 or Other Visa

    Background..

    I received a J-1 Visa internship and arrived in U.S. in February of 2009. The duration of the program stipulates 1 year of employment in the state of Virginia (ends 2/1/2010) and I am not subject to the two year resident requirement.

    Dilemma

    I worked in Virginia from 2/1 to 4/15 and quit the job to move to New Jersey. It is/was my intent to apply for an F-1 visa, however I’m not sure if I am eligible for it? Am I? The move took longer than I expected and from 4/20 to 7/25 I have been searching for a school/new living arrangements.



    The twist…

    During the time when I was moving to New Jersey I received a letter back in my home country stating that I have been selected in the diversity visa drawing. I would love to have the chance to receive a green card and apply for the diversity visa, however my understanding is that I have to be in good status to apply and I’m not sure if I am in status as of now? I want to do anything possible to reinstate my status, if I am out of one now without returning to my home country. Can someone present different options?

    I am open to any visa type, or other option.


    Please help.


    Thanks

    Question:

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

    Default Re: How to Stay in Status While Changing J1 to F1 or Other Visa

    You're out of status. I suggest consulting an immigration lawyer to see what steps you might be able to take to minimize the consequence of your actions.

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: How to Stay in Status While Changing J1 to F1 or Other Visa

    What do you suggest from past experience, or cases on this forum and real life? I contacted some lawyers and none were able to provide good advice. Please help!!

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: How to Stay in Status While Changing J1 to F1 or Other Visa

    If the attorneys were members of the AILA - i.e. immigration law specialists, they most likely provided you with appropriate advice. The fact it was not what you wanted to hear or did not provide an easy solution to the problem you created for yourself does not make their responses wrong.

    Since you are out of status, you will not be granted a change of status to F-1. Meet with an attorney and follow his/her advice.

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