Legal Question in Immigration Law in California

change F1 (OPT) to J1

I am on OPT now. Recently I got a research job offer. The university will apply J1 for me as my F-1 OPT status will expire very soon. I want to change my status in US, because of the fear of rejection since i stayed in US for long (I have been on F1 since 1995). I want to know that

(1) what is the possibility of rejection in change of status From OPT to J1 without leaving the country?

(2) Since I have been living in US for long time, during this time I went back to my home county only once. Am I eligible for applying J1 status?


Asked on 5/22/09, 1:59 pm

4 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: change F1 (OPT) to J1

Dear Inquirer:

As long as you have maintained your nonimmigrant status throughout your stay, you are eligible for a change of status to J-1. A J-1 cannot be an intending immigrant, however, so you should be prepared to explain how you still intend to return to your country of origin after 13 years in the US.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/23/09, 1:57 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: change F1 (OPT) to J1

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 5/22/09, 2:30 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: change F1 (OPT) to J1

Based on what you have stated, you qualify to change your status in the U.S. Unfortunately we cannot guarantee that your application will be approved, since there are no guarantees. Additionally, we do not have your complete immigration background. However, if you meet the requirements to change to J1, then there's a good chance it may be approved.

Please contact me to set up an appointment for further discussion. Our first consultation is free. You can email me directly at [email protected].

Note: The above response is provided for information purposes only and should not be construed to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 5/22/09, 2:53 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: change F1 (OPT) to J1

There are limitations in change of status from J-1 but not to J-1, so on paper you sound eligible, nevertheless the information you provided doesn't paint the entire picture plus, adjudications are decided by people who make discretionary decisions. It's best to work with a lawyer such as myself who knows the acceptable documentation for an approvable case.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/25/09, 1:25 am


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