USCIS reminds customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the date until Sept. 30, 2009 by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the "Conrad 30" program. Before this latest extension was granted, the most recent sunset date for qualifying J-1 admission was March 6, 2009.
We have won several cases on extreme and exceptional hardship grounds in addition to the more routine J-1 waivers. We have also processed several J-1 changes of MUA location matters for physicians.
The Exchange Visitor Visa
I am on F-1/J-1 visa (student visa). Can I apply for green card (Permanent Residency)?
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time. I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
If someone came to the US on a J1 visa with a residency requirement of two years and that person returns back to the home country and then would like to return to the US on an F1 visa to continue a master's degree, can a visa be issued before the residency requirement is completed and does the new F1 visa if given, get rid of the J1 residency requirement?
The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.
Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.
FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT
OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||