j********r
发帖数: 22 | 1 查了本版一些朋友的关于Ｊ1转Ｆ1贴子，但我还是有疑问，请一些有经验的朋友解惑。
我现在在Ａ校工作持Ｊ1 visa两年，申请了Ｂ校的PhD program，没有申请waiver，给
两校international office就转身份是否需要离境问题写信，回答分别如下：
Ａ校：You can apply for a change of status within the U.S. Which would
allow you to go from J-1 to F-1 without leaving the U.S. If you want a F-1
entry visa stamp, you will need to leave the U.S. to obtain that. Given the
timing of change of status requests, you should consult with the PhD school
's international office about applying for the change of status.
Ｂ校：He (and his wife) will have to leave the US and apply for an F-1 visa.
All Chinese folks on J visas are subject to the 2-year home physical
presence rule. While this doesn’t mean he (and his wife) can’t get an F
visa, it does mean he (and his wife) can’t apply for a change of status
from within the US. So, he’s right, he’ll need to leave to switch to the
F-1 visa for himself and the F-2 for his wife.
Ａ校说可以境内转，Ｂ校说必须离境，不知道其间的分歧是否是对政策的理解不同。已
经发信继续询问，但是想尽快知道好有所准备，请有经验的朋友走过路过给些建议。谢
谢。 | m*******r
发帖数: 3635 | | j********r
发帖数: 22 | 3 Thanks milanbear. You are right.
4.64.2 Effect of being subject to 212(e)
Exchange visitors who are subject to the two-year home country residence
requirement must "reside and be physically present" in their "home" country
for an aggregate of two years before being eligible for certain immigration
benefits. While they are subject to 212(e), aliens are ineligible for the
following benefits:
INA § 212(e); 22 C.F.R. § 41.62(c)-(d); 22 C.F.R. § 41.63; 22 C.F.R. §
40.202; 8 C.F.R. § 248.2(a)
1. They are not eligible for an immigrant visa or for adjustment of
status to lawful permanent resident (immigrant/green card) status;
2. They are not eligible for an H visa (temporary workers and
dependents), an L visa (intracompany transferees and dependents), or a K
visa (fiance and dependents);
3. They are not eligible to change their nonimmigrant status within the
United States from J to any other nonimmigrant category except A (
diplomatic), G (international organization), or U (victims of qualifying
criminal activity) statuses. |
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