J-1 to F-1 - Out of Status?

[snapbox]

Question to those who may have gone through this-

My girlfriend is an Au Pair (J-1) who recently exited the program; her family terminated the contract with the agency and there are no other families available for a rematch. Her intention all along was to transition to an F-1 and get her Masters Degree (she already has a Bachelors from an accreditation firm in the US, based on her education back home). We're now on borrowed time as we didn't see this coming, and while her visa is currently active, we expect the agency to cancel it within the next week or two.

We've begun the process of getting her setup with a university, and I've sponsored her. We'll receive the I-20 and submit her application via USCIS ELIS on Monday for a status change from J-1 to F-1.

Question: If she's still in status when she submits the application, is she "protected"? Or, do they check the status later on in the reviewal process?

I ask because we could still have her fly home and submit a new F-1 Visa request; I'm just trying to help her pick the most conservative of the two options.

Thanks for your time.

[rayb]

Does her J1 visa have either the "2-year requirement" or "no 2-year requirement" annotation?

I'm guessing that she is exempted from that requirement, but you need to verify whether she is subject to the requirement that she stay out of the U.S. for at least two years before reentry.

--Ray B

Question to those who may have gone through this-

My girlfriend is an Au Pair (J-1) who recently exited the program; her family terminated the contract with the agency and there are no other families available for a rematch. Her intention all along was to transition to an F-1 and get her Masters Degree (she already has a Bachelors from an accreditation firm in the US, based on her education back home). We're now on borrowed time as we didn't see this coming, and while her visa is currently active, we expect the agency to cancel it within the next week or two.

We've begun the process of getting her setup with a university, and I've sponsored her. We'll receive the I-20 and submit her application via USCIS ELIS on Monday for a status change from J-1 to F-1.

Question: If she's still in status when she submits the application, is she "protected"? Or, do they check the status later on in the reviewal process?

I ask because we could still have her fly home and submit a new F-1 Visa request; I'm just trying to help her pick the most conservative of the two options.

Thanks for your time.

[snapbox]

Does her J1 visa have either the "2-year requirement" or "no 2-year requirement" annotation?

I'm guessing that she is exempted from that requirement, but you need to verify whether she is subject to the requirement that she stay out of the U.S. for at least two years before reentry.

--Ray B

She is exempt from 212e (I believe that's what it's called?) - so no, she does not have that requirement hanging over her head.

[rayb]

Then you are proposing a visa conversion, to F1 status, without any "2-year" requirement issues. The reviewer will still touch on that if she is interviewed, but that shouldn't be a problem.

I believe that she will be in a protected mode after you submit the status change information, given the J1 not being discontinued for any length of time...but I would still recommend you get a second opinion.

I've done conversions from J1, F1 and H2B visas for those who acquired a new basis by marriage to a U.S. citizen, but this type of conversion I'm not entirely certain about.

--Ray B

She is exempt from 212e (I believe that's what it's called?) - so no, she does not have that requirement hanging over her head.