I am on OPT working for a govt funded research program. The program has told me that they can help with switching me to J1 once my OPT expires so that I can continue working with them. If I switch to J1 (with 2 yr requirement )will I be able to change back to F1 after the research program ends? If I do change back to F1, will I still be subject to the 2 yr requirement from the previous J1 after I graduate? and If i get married to a citizen before I finish my F1 will I be able to adjust to permanent resident? or will I have have to fulfil the 2 yr requirement from the previous J1?
One subject to the two-year foreign residence requirement cannot change status from J-1 to another nonimmigrant visa status (except A or G visa status) in the United States, unless the person obtains a J-1 waiver. See INA 248(a)(3). That said, if you do change to J-1 status, you can get an I-20, depart the United States, and apply for an F-1 visa stamp abroad. This is called consular processing.
You will remain subject to the two-year foreign residence requirement until you obtain a waiver or fulfill the requirement. This is true even if you change back to F-1.
Being subject to the two-year foreign residence requirement creates several legal disabilities that do not go away until you obtain a waiver or fulfill the requirement. These are (one subject cannot): (1) apply for H or L visa stamps; (2) apply for a green card; and (3) apply for an immigrant visa.
I hope this helps.
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.
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