Add new comment

J-2 or J-1 with 212(e) HRR converting to F-1 student

I want to pursue MS Degree from US and presently I am living in the US on J-2 visa. My wife is working as a Post doctoral Fellow here on J-1 visa. We both are subject to two years Home Residency Requirement. My concern is that how can I change my visa status from J-2 to F-1. Do I need to get a waiver before applying -F1 visa?

Printer-friendly versionPDF version
ANSWER: 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=520

FAQ Transcript: 

Answer is yes. They can't convert within the United States, but they can go outside of USA and try to get F-1 stamped and come back. That does not  get rid of  two year residency visa. However, remember two year residency visa requirement only says this:  if you have J-1 or a J-2  which is subject to the 212 (e) HRR, you cannot convert  to H, L or Green Card, but you can  if you want to change to F-1 visa but not within the United States as far as I remember. It does not allow the change of status also. So you can always get a visa stamping done and you can do it without the waiver, F-1 does not require waiver. However if down the line you decide to convert to H-1, your J-1 holding spouse either must have received the waiver or a home residency a fulfillment of 2 year residence abroad to the home country.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

WYSIWYG

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Filtered HTML

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • You may post PHP code. You should include <?php ?> tags.
  • You may insert a link to a defined site with [link: title].
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • Typographic refinements will be added.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Allowed HTML tags: <a> <p> <h2> <h3> <h4> <h5> <h6> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd><style>
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

full_html

  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

filtered_html

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • No HTML tags allowed.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • You may post PHP code. You should include <?php ?> tags.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).
  • Typographic refinements will be added.
  • You may insert a link to a defined site with [link: title].

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
Sorry we have to put you through this. We need to prevent SPAM.