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Change Of Status in The U.S. vs. Traveling

 

If you are currently in the U.S. on a visa status other than J-1, there are two ways to obtain J-1 Status to start a J-1 Exchange Visitor Program. Scholars who are eager to begin their research or begin teaching may wish to apply for a J-1 Exchange Visitor entry visa at a U.S. Embassy outside the US. Although there is the risk of having the visa application denied, many scholars do not want to wait several months for the USCIS to make a decision regarding their application. While there are no guarantees regarding a scholar's successful application,  some have gone to a U.S. Embassy and successfully obtained a new entry visa. This allowed them to begin their research upon entry into the U.S. in J-1-1 status.

 

Traveling Outside the U.S. to Apply for a J-1 Entry Visa

Benefits
  • If the application is going to be approved, it is frequently approved quickly (but not always).
  • If you re-enter in J-1 status, you are entitled to the benefits of that status immediately
Disadvantages
  • Your application for a J-1 entry visa could be approved, but if you are subject to a security check, the approval could take months. There is no way of knowing who will be subject to a security check, nor is there a way to expedite its progress. A security check can take weeks or months to be processed.
  • The application could be denied. In that case, you would not be permitted to re-enter the U.S. in J-1 status. You may, if you have another valid entry visa, enter in another non-immigrant status, but you would not be in J-1 status, nor would you be entitled to any of the benefits of J-1 status.
  • If you don't have another valid entry visa, you would have to apply for a new entry visa and wait for its approval.
  • You cannot enter the US more than 30 days before the report date indicated on the DS-2019.

Change of Status in the U.S.

Benefits
  • You don't have to travel outside the U.S.
  • This process is generally less expensive (you have to pay $180 SEVIS Fee and I-539 application fee (currently $420 for online filing and $470 if filing by mail) and Premium Processing Fee ($2075)
      
Disadvantages
  • The Change of Status (COS) process can take sometimes as long as 9 months. You cannot start your J-1 program until you are have been approved for J-1 status.
  • If the application for a COS is approved, it only changes your status in the U.S. This means that if you travel outside the U.S. during your J program wish to re-enter in J-1 status, you would still need to apply for the J-1 entry visa at a U.S. embassy or consulate. You should review the pitfalls of applying for a U.S. visa at an embassy or consulate above as they will apply to you; that is, you could be refused the visa, be subject to a security clearance, etc.
  • If the application is denied and your previous status has expired, you will not have any valid non-immigrant status in the U.S. For example, if your B-2 status expires and your COS is denied, you will not be in valid non-immigrant status and will be required to leave the U.S. on very short notice, possibly causing an interruption in your program at an inconvenient or disadvantageous time.
  • Anyone in Exchange Visitor (J) status who is subject to the two-year home residence requirement cannot apply for a Change of Status in the U.S.
  • Individuals who have recently entered the U.S. in B-2 status might find changing status in the US to be very difficult depending on what the foreign national indicated as her/his purpose for entering the US and also depending on when s/he entered the US.
  • Individuals in WT or WB status cannot change their status in the U.S.

 

Please consult with your immigration attorney if you have a green card application pending.