I am attempting adjustment of status in US from F1 to j1 clinical for doctors, do I have to pay a SEVIS fee?

Asked over 1 year ago - West Warwick, RI

I have two quick closely related questions.

1. Do i have to pay the SEVIS again? I paid it when i came to US as an F1 student but now that i am changing my status to J1 clinical through USCIS ELIS, do i have to provide them with a new SEViS fee receipt?

2. If yes, then why do i have to pay 3 days in advance to submitting my application to USCIS ELIS, since they are not going to look at it in three days and I will just lose those 3 days which will add up to the processing time of my visa application. I have a limited time to process my j1 visa change of status application. Isn't it smarter to submit the application to USCIS ELIS right after u pay the SEVIS fee and have the receipt ready since they are not going to look at the application right away within 3 days?Thanks for your answers.

Attorney answers (2)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . I concur with my colleague.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Brian Christopher Schmitt

    Pro

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . I suggest you should present these questions to the designated officer at your organization/institution. They should be able to guide you through these administrative questions. The answer can be found in the NAFSA Adviser’s Manual, the Bible on J and F issues. Every designated officer has access to this resource.

    Once you acquire J-1 status, you will become subject to the J-1 two-year foreign residence requirement. Once you complete your residency, you will need to return to your home country for an aggregate two-years. There are several waivers of this requirement. Being subject to the two-year foreign residence requirement creates several legal disabilities when it comes to future immigration benefit applications. Specifically, one subject cannot: (1) obtain H or L visa stamps; (2) apply for the green card; and (3) apply for immigrant visa. (These things cannot be done until one obtains a waiver or fulfills). Further, if one is subject because of graduate medical education, this person will not be able to change status in the United States from J-1 to any other nonimmigrant visa status. The only exception to this is if one obtains a Conrad or interested government agency waiver requiring years of service in a medically underserved area. This person would be eligible for H-1B status to perform the work in the underserved area.

    I hope this helps.

    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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