J1 visa to student visa

[saj102965 1]

I have a friend who is currently in the US as an au pair and she would like to become a student and study in the us, however, her host family is not willing to sponsor her for the student visa. Is there a way she can find another person to sponsor her for the student visa and apply while she is still here in the us? Her J1 visa expires the 21st of February, 2012. She has found another family who is willing to sponsor her but she would not be working for them but she would be living with them and the new family would pay for her schooling and incidentals. Also if this is possible would she be able to work while going to school?

Thank you.

[GnBnL 50]

If she's going to be on an F-1 student visa, then no, she cannot work I think unless employed by the school. There are exceptions, but I'm not 100% what they are. Also, once her studies finish she can apply for optional practical training (OPT) which allows her to work for a period of time in her field of study only.

[saj102965 1]

Thank you for the response. But can the first part of my question be done?

[99jjeerwerc 1]

The thing about finding someone else to sponsor her studies, is that is really hard. NO ONE in this country would be willing to pay for her college and boarding unless there's something like work or family in between. I'm telling you this because I know it and I've been in the same situation. Your friend is lucky that she found this new family 'cause honestly only a few people can find a sponsor like this one. She can try with this new family and it would be great 'cause she wouldn't have to work for them and the biggest expenses such as boarding and school tuition (this one is really expensive here) would be paid. She would only have to pay for small things that can be easily paid. If I were her, I would let this family sponsor me.

Now, if your friend wants to work she can do it as long as is in campus work. For the first 12 months of her F-1 visa, she's only allowed to work on campus and for no more than 20 hours a week. Once her visa reaches the 12th month, she can apply for an EAD or better known as work permit. This would allow her to work outside the campus. When she finishes all of her units she can apply for OPT which is one more year where she can do an internship in her field and most likely get paid.

Just make sure your friend does a lot of research before taking this step 'cause it's not easy.

[Little_My 464]

I have a friend who is currently in the US as an au pair and she would like to become a student and study in the us, however, her host family is not willing to sponsor her for the student visa. Is there a way she can find another person to sponsor her for the student visa and apply while she is still here in the us? Her J1 visa expires the 21st of February, 2012. She has found another family who is willing to sponsor her but she would not be working for them but she would be living with them and the new family would pay for her schooling and incidentals. Also if this is possible would she be able to work while going to school?

Thank you.

There is no rule that states that a foreign student's tuition cannot be paid by a sponsor, foreign or American - but personally I would make sure your friend is 100% clear on the terms of this very generous gift from this other family. Why would they sponsor her studies? What is in it for them? Tuition in the US, especially for foreign students, is very expensive even in the most in-expensive schools, not to mention living expenses, books, transportation and insurance. It sounds a bit odd to me that this other family, who she has not worked for and would not work for, is willing to pay thousands, probably tens of thousands of dollars, for her expenses.

In any case, let's say this is really the situation. To qualify for a student visa she has to first be accepted to a university in the US and get an I-20 form. Though it is possible to convert from a J1 visa to an F1 visa in the US, there is no way she could do it without overstaying her current J1 visa given that it is expiring in about a month. The whole process from beginning to apply to a school to getting the actual visa takes months. Once her J1 expires and her grace period runs out (which is probably 30 or 60 days), she will fall out of status. The best thing for her to do is to leave the US before that happens and apply for the student visa from her home country, through the US consulate. If she overstays this J1 visa and tries to switch from that to an F1, it is highly unlikely she would be issued another non-immigrant visa after overstaying a previous one.

[saj102965 1]

There is no rule that states that a foreign student's tuition cannot be paid by a sponsor, foreign or American - but personally I would make sure your friend is 100% clear on the terms of this very generous gift from this other family. Why would they sponsor her studies? What is in it for them? Tuition in the US, especially for foreign students, is very expensive even in the most in-expensive schools, not to mention living expenses, books, transportation and insurance. It sounds a bit odd to me that this other family, who she has not worked for and would not work for, is willing to pay thousands, probably tens of thousands of dollars, for her expenses.

In any case, let's say this is really the situation. To qualify for a student visa she has to first be accepted to a university in the US and get an I-20 form. Though it is possible to convert from a J1 visa to an F1 visa in the US, there is no way she could do it without overstaying her current J1 visa given that it is expiring in about a month. The whole process from beginning to apply to a school to getting the actual visa takes months. Once her J1 expires and her grace period runs out (which is probably 30 or 60 days), she will fall out of status. The best thing for her to do is to leave the US before that happens and apply for the student visa from her home country, through the US consulate. If she overstays this J1 visa and tries to switch from that to an F1, it is highly unlikely she would be issued another non-immigrant visa after overstaying a previous one.

Thank you so much for your response. This family she met while here in the us does not have any children and want to offer my friend a better chance at life which she would not be afforded to study in her home country. They are just really genuine kind people. Another question I have is if she does have to return to her home county (south Africa), do you think her chances of being granted a student visa is good or bad being that she just was here on a J1 Visa? I understand that it is pure speculation on your part, but any answer is appreciated. She should apply to the school she wants to attend while she is still here in the states or do it all at once upon her return to her country?