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Status Change within USA

Note: The issue of status conversion while staying in the USA is a frequent concern. Many guys consider it because it eliminates the chances of being held back in their home country (due to either visa rejection or FBI clearance) to an extent such that their residency contract is often cancelled. However, the major disadvantage remains – not being able to leave the USA. Another point of notice – status changes cannot be done if one has entered the USA via a visa waiver.


Q Is it possible to get my work visa stamped from the US?

To answer this we need to understand some basic terms:

Status vs. visa
Both your ‘visa’ and your ‘status’ may be H1 or J1 but they vary from one another in some fundamental ways. While the ‘status’ is your legal permission to reside in the US, the ‘visa’ is the actual stamp on the passport which allows you to (re)-enter the US. So, although you may legally have your status changed from the tourist B1 to the Working H1, this will not allow you to come back to the US if you ever have to leave and you are hence STUCK. To enter the country, you need a valid visa.

Getting a visa involves going through the US consulate in your country, and this means going through the infamous ‘security clearance’ for guys. Currently, no one knows a hassle free method to get a visa from any country.

While the duration of the ‘status’ can be extended from within the US for up to six (for H1) or seven (for J1) years, your ‘visa’ will only be valid for the duration that it was initially stamped. To re-enter the US after that date, you shall have to get another visa stamped from the Consulate. Now here is where the H1 and the J1 can differ: It is possible to get an H1 stamped for up to three years while a J1 is only stamped for one, so a person on H1 can come and go from the US as he/she pleases for three years while the J1 only has one year.

So the answer to the above question is that you may have your status changed from the Tourist B1 to H1/J1, and it will be 100% legal, but you will not have a visa on your passport.

Note: This article has been derived from "Roadmap to Residency" authored by AKU graduates, with permission from few of the authors. Name of the original author, has purposely not been mentioned on request of one of the authors, for privacy reasons. If you are the original author of this article and want your name to be mentioned or wish this article to be modified/ removed from this website, please contact us and we would be more than happy to entertain your request. We fully respect your privacy, acknowledge your efforts put in authoring this article and appreciate your hard work involved in it.

Priyanka (not verified)

Tue, 08/25/2009 - 13:19

hi... my compliments to the creator of this website...its a blessing!!!

I am currently applying for electives and have got a positive response from a medical school that accepts F1 visas only...my problem is that i already have a B1/B2 visa valid for 3 more years...

will applying for an F1 cause cancellation of my existing B1/B2? or will i be allowed a temporary status change?

what options do i have if i am accepted for electives in a school requiring F1 for 1 month and in another school requiring B1 for the next 1 month?

Can i do both electives without having to travel out of USA?

 hi priyanka, thanks a lot for your kind words and appreciation... well I dont think applying for F1 visa changes your B1/B2 visa...as far as I know it is a temporary status change... I met a girl in UCSF... who told me that she did one month electives in NYU and then for Mount Sinai electives, she had to fly to canada to take their J1 visa and then she came back to Mount Sinai for her electives..and once the electives were over...she was once again shifted to B1/ B2 which is still valid for her...so I think the same goes for you... I would also request her to comment here...tc and best of luck!

priyanka (not verified)

Wed, 08/26/2009 - 14:22

tht's so good to hear! i was worried about the visa issue n wasnt able to get it verified from any source...Thanks!

n keep up the good work!

so here is the reply that I got from her

" I could keep my B1 B2 status after obtaining the J1 visa if thats what you are asking. The B1 B2 is valid as long as it says and if it is not restricted to a special program or institution. If it does not have M multiple entries it will loose validity. so you gotta check that too.
 
All the information for the validity is on the actual visa: check for multiple entrees and restrictions"

hope that helps..best of lucks.......and thanks for your kind words!

Priyanka (not verified)

Tue, 03/30/2010 - 11:56

Hi,

Any idea on how I can change my visa status from B2 to B1? Its an issue for doing my NIH elective.

I'd appreciate any guidance!

Thanks.


As far as I know, you go to any airport(international) nearby ir place and get directed to POE(port of entry) and request them to change your status. Keep in mind that B1 u get maximum for 3 months(rarely ppl have got 4 months or so), while B2 u get 6 months...

Best Wishes

fertile (not verified)

Wed, 04/21/2010 - 23:10


can b1/b2 be changed to F1, while still in USA on B1 or B2  ? please inform, this information can be Extremely helpful for me !!

I am in a very difficult situation. I need any help with respect to this issue that i can gather.

 I have been accepted for electives at Mayo clinic (4 weeks general surg), Cleveland clinic (cardiothoracic surg 8 weeks), NIH (8 weeks) and University of Texas (general surg n trauma 12 weeks)

waiting for calls frm JHU and Case western Reserv U, im positive dat il get an acceptance dere as well. both require B1/B2 - n if accepted vil fill as a substitute for 'Texas U" interms of timing

 I am fortunate that except for NIH, all other electives are non-overlaping from may to October 2010

 Mayo-cleveland-NIH require B1/B2 while Texas req F1

so I dont have time to apply again for F1 while i am still in USA on B1. My only solution is status change if thats possible.

 I dont wanna miss. Texas at all, they have a great hands on xperienc prog at Trauma level I hosp, it can boost my CV really positively especially for foreign students.

 Please advise how best can i manage my situation !!!

I hav to tell texas guys soon if il be attending their prog or not, they are reluctant to reschedule or accept B1

First of all congrats on your multiple acceptances; I would recommend you to share your experience of multiple acceptances with others! I am not sure but you can get your status change if you go to the airport.

viraat harsh (not verified)

Mon, 05/31/2010 - 21:14

Hello all

I have F1 visa for electives at KUMC. The Visa stamp has clearly mentioned student's visa for KUMC, Kansas City. Now I got an acceptance from NWU. Can I still go to NWU with the same visa? Will it be possible to change my status from F1 student's visa to Tourist visa while I am in the US?

Visitor (not verified)

Sat, 07/30/2011 - 21:43

Dear Umar,

I hope you are doing fine?

Well I am in the US now doing research electives at Hopkins. I have a ten year multiple entry B1/B2 visa. I arrived here on 3rd July with B2 written on I 94.

 My return ticket to India is on 26th October. But I am again entering the US on 30th October to attend electives at NIH starting from 1st November. So will I be having some problem at the immigration desk? I am worried thinking that I may be deported.

Please advise some thing. And how long can I stay in the US on a B1 visa??



Visitor (not verified)

Sat, 10/29/2011 - 13:15

Hello,

I have recently appeared for an F1 visa and unfortunately it got rejected. And due to rejection of F1 visa, will the VO cancel my B1 visa also? He never asked for my visa nor did he put any kind of stamp on it during the interview.


kindly help me.

Hanish (not verified)

Mon, 01/23/2012 - 14:56

I got acceptance for March slot elective in CASE WESTERN University, I wanted to know which visa I should apply to attend it. B1/B2 or F1?  nothing is mentioned about visa on CASE westrn official website. if any1 have done electives there can u guide me plz?

Doctor nawaz (not verified)

Tue, 12/10/2013 - 10:27

I wish Dr Umar Tariq u will live long and keep on helping the needy! I have both B1B2 and F1 Visa at a time. 1) My 1st elective is at UNM which Requires me to come on B1B2, my this elective will end on 27 april then my 2nd elective is on 1st May at UTHSC Houston which requires me to come on F1 visa, I dnot want to miss my this elective. If i Leave USA on 28 april on B1B2 visa Can I re-enter USA after 2 days with F1 visa? 2)Where this status change process will take place ?I have to go to islamabad embassy or its the portal of entry where this B1B2 to F1 change occurs? thanks

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