Legal Question in Immigration Law in New York

change fro F1 to J1

I am on my OPT right now which will expire 7/30/06. New H1b visa would come out for 10/1/06 and the employers I am presently talking to are not willing to wait until Oct. 1st and can also not afford for me to not work for two months. Is there anything I can do for august and september to srill be eligible to work? Am I eligible for a J1 visa (18 months) after using my OPT completely?

Thanks


Asked on 4/20/06, 12:32 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: change fro F1 to J1

Theoretically it is possible to switch from an F visa to a J visa if you find a qualified organization to act as a sponsor for the exchange program you enroll in. As a practical matter, it is difficult to arrange as a bridge between F and H visa status.

Your other option is leaving the U.S. for 2-3 months after your F visa expires and before October 1 and doing consular processing for H-1b in your home country. Also, normally, foreign students have up to 60-day grace period after the completion date of your program to depart the U.S. or transfer to another institution/visa status but in your case, given your enrollment in OPT, this may or may not work.

You should contact an immigration attorney or international student counsellor at your school to review your immigration history and determine the best course of action for your individual case. Overstaying your visa is never a good option.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 4/25/06, 12:21 pm


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