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Can I change the J1 visa status to a B2 visitor visa?

#1 coria1988

coria1988

    Member

  • PipPipPip


Posted 14 December 2009 - 08:45 PM

Hey guys!

At the moment I am in the USA as an au pair under a J1 visa. I will leave the agency though but I do not want to leave the USA. Is there any possibility to stay in the USA?
Can I change my J1 visa to a B2 visa while staying in the USA?
What if I stayed in the USA after the au pair agency cancelled the J1 visa, how long would I not be allowed to reenter the USA?
Can I go home and come back to the USA in 3 weeks with a visitor visa?

(I am from Germany)

I would be very glad to receive answers soon.

Thank you.
  • 0
Schlimm ist nicht die Enttäuschung,
sondern die Erkenntnis,
sich in einem Menschen geirrt zu haben!
Manche Menschen treten einem auf den Fuß und entschuldigen sich.
Manche Menschen treten einem ins Herz und merken es nicht einmal

#2 Kathryn41

Kathryn41

    crazy cat lady



Posted 14 December 2009 - 09:23 PM

Moved from Off Topic to General Immigration Discussion as more likely to get useful information in this forum
  • 0
“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”
 
 .  Lucy Maude Montgomery, Anne of Green Gables
 
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Another Member of the VJ Fluffy Kitty Posse!

#3 Chica Yeyé

Chica Yeyé

    Supreme Member


  • Group: Closed
  • Joined: 05 Nov 2006

Posted 14 December 2009 - 09:37 PM

I am confused. Your timeline indicates you are a K-1 visa holder since November of 2008. that said, you should be more than married to your petitioner by now, plus have adjusted status. Why are you saying you are on a J visa? Did something change?
  • 0

#4 coria1988

coria1988

    Member

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Posted 14 December 2009 - 10:04 PM

QUOTE (Chica Yeyé @ Dec 15 2009, 04:37 AM) <{POST_SNAPBACK}>
I am confused. Your timeline indicates you are a K-1 visa holder since November of 2008. that said, you should be more than married to your petitioner by now, plus have adjusted status. Why are you saying you are on a J visa? Did something change?


Yeah, I cancelled the K-1 visa and never got married. Then I decided to be an au pair and now I'd like to stay in the US until school starts in August.
  • 0
Schlimm ist nicht die Enttäuschung,
sondern die Erkenntnis,
sich in einem Menschen geirrt zu haben!
Manche Menschen treten einem auf den Fuß und entschuldigen sich.
Manche Menschen treten einem ins Herz und merken es nicht einmal

#5 canadian_wife

canadian_wife

    Super Elite Member



Posted 15 December 2009 - 09:06 AM

Check out these links

http://exchanges.sta...ors/change.html

Any change of category must be clearly consistent with and closely related to the participant's original exchange objective, and necessary due to unusual or exceptional circumstances. Participants should address all inquiries regarding change of category to the responsible officer of their programs. The responsible officer submits a written request with supporting justification for the change to the Department of State on behalf of the participant. A nonrefundable fee of $246 is payable to the U.S. Department of State.

And this is a good FAQ for J-1 visas

http://travel.state....es_1267.html#22

Good luck
  • 0
USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

#6 coria1988

coria1988

    Member

  • PipPipPip


Posted 15 December 2009 - 04:26 PM

Thank you! =)

Now, I thought about going home right now and coming back to the USA next year on the visa waiver program. Can I enter the USA twice a year on the visa waiver? And how much time do I have to spend in Germany after my first visit?
  • 0
Schlimm ist nicht die Enttäuschung,
sondern die Erkenntnis,
sich in einem Menschen geirrt zu haben!
Manche Menschen treten einem auf den Fuß und entschuldigen sich.
Manche Menschen treten einem ins Herz und merken es nicht einmal

#7 tpuiatti

tpuiatti

    Newbie

  • Pip


Posted 07 July 2011 - 08:39 PM

Your original question has not been correctly answered.

Yes, under a J-1 you are eligible to file an I-539 (electronically if you want) to change your Non-Immigrant Status to B2 and this is a straightforward application. Once you have filed the I-539 you are legally authorized to remain the USA pending the decision. If you leave the USA whilst waiting for the decision though your application is considered abandoned and you would have no automatic right of re-entry.

See this link: http://www.uscis.gov...000d1f1d6a1RCRD

The paragraph posted by "canadian_wife" refers to the restriction in changing your Exchange Visa Category and NOT your non-immigrant status altogether. For example changing from a J-1 trainee to a J-1 teacher would be subject to that restriction. Admittedly, it could be worded less ambiguously.

As for your 2nd question, there is no explicit limitation on the number times in a given period you may enter the USA using the Visa Waiver Program having read the rules and indeed twice in one year would be by no means exceptional. However, it remains at the discretion of the Border Patrol as to whether a visitor might be abusing the program to live or work in the USA and they do reserve the right to refuse entry on that basis. I repeat though, twice in year is highly unlikely to arouse suspicion.
  • 1

#8 canadian_wife

canadian_wife

    Super Elite Member



Posted 08 July 2011 - 04:37 AM

Your original question has not been correctly answered.


Great advice and yes it was correctly answered....almost 2 years ago. I wonder if the OP is even around to check your posting

Good luck
  • 0
USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

#9 tpuiatti

tpuiatti

    Newbie

  • Pip


Posted 16 July 2011 - 10:33 AM

I answer for the benefit of those that might be reading this thread in search of the same answer. I agree this is unlikely to be of use to the OP at this stage.

However, since my post, I have looked into this matter further and there is an important caveat. The terms of the J1 sponsorship program may explicitly require the participant to return to his/her country of origin in order to terminate the program or indeed specifically stipulate that the participant may not apply for a change of non-immigrant status. I know, for example, that the Summer Work Program operated by The US-Ukraine Foundation has such requirements.

The sponsorship programs operate under the Department of State and therefore apparently independently of the Department of Homeland Security enabling a conflict to arise whereby one can successfully change one's non-immigrant status but in doing so breach the terms of the J1 program and thus be potentially refused re-entry when re-applying for a visa from their country of origin. Therefore, the best of course of action, in all likelihood, is to terminate the program legitimately with the sponsor's consent, return home, and re-apply for a new non-immigrant visa.
  • 0



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