COS J1 --> F1

[arunvisa]

Hello everyone,

 

I would like to change my status from J1 to F1. I have received a favorable recommendation from DOS regarding my NOS waiver but my final waiver is still pending with USCIS. Under these circumstances:

 

1. Can I now apply for change of status from J1 to F1 without final waiver from USCIS?

 

2. Can I start school while my change of status application is pending? I am on the J1 Professor and Research Scholar program. 

 

Thanks for your time,

 

Arun

[jairichi]

1. You can apply. Final decision on COS will be based on waiver decision by USCIS.

2. Ask your DSO.

[arunvisa]

Thanks jairichi for your response. My DSO says its ok to go and start school after submitting the application but I'm worried if I leave my J1 job and my COS application doesn't get approved within 30 days (grace period), I might go out of status and accrue illegal stay. Please correct me if I am wrong. 

[jairichi]

Thanks jairichi for your response. My DSO says its ok to go and start school after submitting the application but I'm worried if I leave my J1 job and my COS application doesn't get approved within 30 days (grace period), I might go out of status and accrue illegal stay. Please correct me if I am wrong. 

As long as a COS petition is pending with USCIS you are in valid status in US.