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.
First of all my thanks to everyone who posted their comments and precious suggestions to help ppl makin their ways easier in immigration process. Below is my complete timeline of applying and getting J1 waiver.
Nov. 8, 2006 - Forms and affidavits got notarised to be sent to CGI Houston
Nov. 9, 2006 - Sent to CGI Houston for attestation
Nov. 10, 2006 - CGI Houston Recieves Documents and passport
Dec. 5, 2006 - Attested Documents return back to me (to be sent to authorities in India)