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Change of status from J1 to B2

Riverside, CT |

Hi. I came here as an aupair (J1 visa) in August 2012 and my visa is still available until September 2013. I am not subject to section 212 (E). Two year rule does not apply.

I am interested to make a change of status from J1 to B2 (tourist). I want to leave the program but I would like to visit the US before returning to my home country.

What are the chances for USCIS to approve my change of status? I would like to extend to B2 visa for 6 months. What are the documents I would need to prepare.

Can you recommend me a lawyer that could help me in this process?

Thank you very much!

Attorney Answers 4


  1. In order to get a B2 visa you have ot show sufficient income ot maintain yourself while here or a person willing to sponsor you as well as ties to your home country to establish you will not overstay. There are many good attorneys in your area. You can also contact the American immigration Lawyers association for recommendations


  2. You need to prepare and submit I-539, Application To Extend/Change Nonimmigrant Status. However, I would strongly recommend that you contact an immigration attorney, whether myself or one of my colleagues, and obtain professional assistance. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  3. You need to apply for change of status explaining the reasons for the change, and also provide financial evidence showing that you have enough money to support yourself during the 6 months you plan to stay as a tourist.


  4. Most au pairs are not subject, but some are based on the skills list and/or bi-national agreements with the home country. Note that annotations on the DS-2019 and visa stamps are sometimes incorrect and are not legally binding. Additionally, even if you are not subject, you’ll want to be able to clearly articulate and document why you are not subject in the change of status application. For these reasons, I recommend you consult a lawyer experienced in J-1 waiver matters prior to filing for change of status to B-2.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    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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