Legal Question in Immigration Law in Washington

Hi, my name is Paolo I am Italian, I have a MD degree is Psychology and I have been in the United States since 2006 on a J-1 visa, I had a salary for 3 years working in a University and I spent another year relying totally on my personal funds, just volunteering in the University.

Next year, after 5 years, my J-1 visa will expire, having reached the maximum length for this type of VISA, probably the only one that gave me the possibility, if I wanted, to stay in the U.S. without a salary, even if having a sponsor in a University, and relying only on my personal fund.

So, I would have to shift to an F-1 (student) or an H1-B (employee), but I do not want this now simply because I like my freedom to go wherever I want and choose the place/laboratory/University that better fits my needs, where I can still volunteering for a while instead of looking for a paid job.

So, I was wondering if I could apply for a kind of temporary permit to stay in the U.S. (1 year/.2 years), if I found a sponsor in a University, if I demonstrate that I am not married, and, especially, if I can demonstrate that I have enough financial resources to take care of myself in that period.

Thanks a lot.

Paolo I.

[email protected]


Asked on 6/24/10, 4:33 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Paolo,

Working for universities while not being paid is not a typical activity for someone in J1 status who came to USA to "work for money" for the university for a couple of years, and later decided to stay and "work for free". J1 visa is tied to a specific J1 program.

F1 and H1B visas are school or employer specific, and do not allow a person to travel throughout the USA not working for a specific employer or not studying at a specific school.

Are you sure that you have been in a valid J1 status for the past year when you volunteered? Through what program did you obtain your J1 visa, and are you still with this program?

If your visa (in passport) is still valid, the legal issue here would be whether you have been maintaining your J-1 status as well. If yes, then it could be possible to apply for a change of status to another non-immigrant status. If not, it can be denied. Another possible issue could be a 2-year foreign residence requirement if it applies to you. You need to consult a qualified immigration attorney before planning your stay in the United States.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

Read more
Answered on 6/24/10, 8:00 pm


Related Questions & Answers

More Immigration Law questions and answers in Washington