Transfer F-1 to J-1 and F-2 to H1B

[santanamath]

Hello!

I went through an unfortunate job offering process which resulted in unemployment. I worked as a faculty for last three years (Until May 2013 after getting my PhD in 2010 from USA), got a teaching offer in the summer accepted to start in August 2013. Then I got an offer from industry which I took expecting that my H1B can be transferred (Trusting the company that they will transfer). Unfortunately I did not know that you cannot transfer from academia to industry without the cap exemption. I was never counted for the cap, so there was no way for me to get it transferred. There is a good possibility that my offer can be extended to next year, I am trying to find a way to work. My plan is below, please let me know if this could work. 

My wife is on F-1, studying her masters in science. Get her F-1 transferred to J-1 this way I will get J2 and apply for work authorization. Below are my questions and concerns. 

1. How long does it take to transfer from F-1 to J-1?
2. Which way is better, do it in US or go back to my home country? I heard that going back to home country can be a risk but quicker.
3. My wife needs to finish her classes this December (2013) and find an internship for 6 months (part of her program). And possibly find a job after her internship. Can all this be done on J1 visa? This way I get to stay in J-2
4. How long does it take for me to get work authorization on J-2?
5. Once we are on J1 and J2 after getting the waiver for the two year home requirement, transfer from J2 to H1B. Is this possible?
6. From forums I'm learning step 5 is possible but would like to make sure. What happens if my wife loses her J1 status before OCt 2014, should I stop working and wait till Oct 2014?

I'm sharing my experiences so that people will know what not to do. Also hopefully answers to my questions will benefit all. Please let me know what I can do, I will be meeting with officials on transferring my wife's visa in the next couple of days. 

Thank you!!!

 

[jairichi]

Hello!

I went through an unfortunate job offering process which resulted in unemployment. I worked as a faculty for last three years (Until May 2013 after getting my PhD in 2010 from USA), got a teaching offer in the summer accepted to start in August 2013. Then I got an offer from industry which I took expecting that my H1B can be transferred (Trusting the company that they will transfer). Unfortunately I did not know that you cannot transfer from academia to industry without the cap exemption. I was never counted for the cap, so there was no way for me to get it transferred. There is a good possibility that my offer can be extended to next year, I am trying to find a way to work. My plan is below, please let me know if this could work. 

My wife is on F-1, studying her masters in science. Get her F-1 transferred to J-1 this way I will get J2 and apply for work authorization. Below are my questions and concerns. 

1. How long does it take to transfer from F-1 to J-1?

2. Which way is better, do it in US or go back to my home country? I heard that going back to home country can be a risk but quicker.

3. My wife needs to finish her classes this December (2013) and find an internship for 6 months (part of her program). And possibly find a job after her internship. Can all this be done on J1 visa? This way I get to stay in J-2

4. How long does it take for me to get work authorization on J-2?

5. Once we are on J1 and J2 after getting the waiver for the two year home requirement, transfer from J2 to H1B. Is this possible?

6. From forums I'm learning step 5 is possible but would like to make sure. What happens if my wife loses her J1 status before OCt 2014, should I stop working and wait till Oct 2014?

I'm sharing my experiences so that people will know what not to do. Also hopefully answers to my questions will benefit all. Please let me know what I can do, I will be meeting with officials on transferring my wife's visa in the next couple of days. 

Thank you!!!

 

The main purpose of J1 program according to DOS website is as follows,

"Foreign students have the opportunity to study at American degree-granting post-secondary accredited academic institutions, or participate in a student internship program that will fulfill the educational objectives of the student’s degree program in his or her home country."

 

(1) I doubt whether your wife could change her F1 to J1. J1 is for exchange students or research scholars. Your wife is neither of these.

(2) If it could be done then you take the risk of administrative processing if you do it in your home country. If you do a change of status it might take a minimum of 2.5 months.

(3) There is no internship, OPT or job on J1 visa. The only job you could apply is a postdoc in an university. I doubt that your wife has a PhD.

(4) It takes 2 to 3 months to get EAD on J2.

(5) Yes, it is possible. But, you have to understand that getting a waiver takes anywhere between 3 months to a year plus.

(6) If she loses her J1 status you have to stop working right away.

 

Before you do anything first check with an immigration attorney whether your wife could switch to J1. I am 99% sure that she can not. So, what is your status now? Are you unemployed and out of status?

[santanamath]

Sorry for the late response, we just got back from our home country. We were able to get our J visas (wife on J1 and me on J2), the process was straight forward thank god!! We took our chances....

She is on J1 masters student. I was able to apply for work authorization last week,

(1) how long does it take to get approved?

(2) How likely is that my application will get rejected? I really would like to start looking for jobs soon than waiting for it to get approved. 

 

We are under the 2 year home residency requirement, so planning on getting a waiver. We are  not from India and I studied the waiver application process. To get a NOC letter from home country takes up to three months. I would really like my future employer to apply for H1 in April 2014,

(3) so when should I start the waiver application process? No funds or bonds are involved with our home country to pursue her studies.

 

 

Thank you!

[jairichi]

Sorry for the late response, we just got back from our home country. We were able to get our J visas (wife on J1 and me on J2), the process was straight forward thank god!! We took our chances....

She is on J1 masters student. I was able to apply for work authorization last week,

(1) how long does it take to get approved?

(2) How likely is that my application will get rejected? I really would like to start looking for jobs soon than waiting for it to get approved. 

 

We are under the 2 year home residency requirement, so planning on getting a waiver. We are  not from India and I studied the waiver application process. To get a NOC letter from home country takes up to three months. I would really like my future employer to apply for H1 in April 2014,

(3) so when should I start the waiver application process? No funds or bonds are involved with our home country to pursue her studies.

 

 

Thank you!

Good to know that everything went smoothly. 

1. 2 to 3 months. Once you get an appointment for finger printing you can give a try by going to the service center early rather than waiting for the appointment date. Some centers have no problem with this. This will help to speed the process.

2. Highly unlikely as long as you are not planning to work to support your spouse.

3. You can apply now and get the NOC from your home country. Once you find an employer willing to sponsor a H1B visa you can forward the documents through your embassy to DOS after filling DS3035 form Caution: Once your wife applies for a waiver and gets approved she can stay on J1 status till the expiry date in DS2019. After that she can no longer be on J1 status.

[santanamath]

Good to know that everything went smoothly. 

1. 2 to 3 months. Once you get an appointment for finger printing you can give a try by going to the service center early rather than waiting for the appointment date. Some centers have no problem with this. This will help to speed the process.

2. Highly unlikely as long as you are not planning to work to support your spouse.

3. You can apply now and get the NOC from your home country. Once you find an employer willing to sponsor a H1B visa you can forward the documents through your embassy to DOS after filling DS3035 form Caution: Once your wife applies for a waiver and gets approved she can stay on J1 status till the expiry date in DS2019. After that she can no longer be on J1 status.

 

I got the EAD card last week and they did not request for fingerprinting. (It took approx 6 weeks to get the card) The card says no fingerprints available, is this going to be a problem?

 

We are planning on applying for the J1 home residency waiver and have a question regarding the application process. As I mentioned we will be on "No Objection Statement" option. On the online application form it requests for the following:

"Please write a statement demonstrating why ................. is eligible to receive a waiver of the two-year home residency requirement of section 212(e) of the Immigration and Nationality Act. The length of the statement may vary"

 

We are not sure how to go about it. We have no ties with our home country regarding to her education, she is pursuing a masters degree related to renewable energy. Do you think mentioning these would be sufficient?

 

Thank you!