My wife is in J1 visa and is a post doc at a University in US and I have J2 visa (Beginning Feb 2015 with 2 year home country restriction, valid till Aug 2016) and am working in an Asian country as Mid level Executive in an Oil company. I keep traveling to US occasionally to see my wife. Our DS 2019 validity is till Dec 2016.
I have received I-20 from one of the US universities and my employer has granted me study leave for two years for doing MS in US. Now I want to know can I apply for change of status from J2 to F1 in my home country. Because my J2 validity is till August 2016 only while my Program start date is Sept 2016. Therefore, though I can travel to US in my present VISA but to continue my study I shall require a status change. Now with 2 year home country restriction associated with my visa, shall it wise to apply for status change here in my home country?
You can apply for F-1 in your home country or Asia where you are working on a semi-permanent basis. The 2 year home resident requirement will not preclude your change of status to F-1, only to residency pathways. You can technically change nonimmigrant statuses from within the U.S., but the timing usually plagues F-1 visas. Better to apply through a consulate, and then your wife can seek change from J-1 to F-2 from in the U.S. easily.
You may apply for an F-1 visa at the U.S. Embassy or Consulate in your country and enter the U.S. with an F-1 visa. The two-year home residency requirement will not prevent you from obtaining an F-1 visa.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
Sure you apply for an F-1 visa at the U.S. Embassy or Consulate in your country and enter the U.S. with an F-1 visa
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