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Q: Au Pair switching from j-1 visa to f-1 visa ( No Answer,   1 Comment )
Question  
Subject: Au Pair switching from j-1 visa to f-1 visa
Category: Reference, Education and News > General Reference
Asked by: ltvinlv-ga
List Price: $10.00
Posted: 17 May 2006 20:45 PDT
Expires: 16 Jun 2006 20:45 PDT
Question ID: 729927
I am currently here in the USA as an au pair with a J-1 visa.  Under
the contract I am supposed to be an au pair for one year.
I no longer wish to be an au pair and want to change my visa status
from a j-1 to an f-1 and attend school here in the states.
I was intructed by the local au pair coordinator to leave the original
host family for many reasons.  While my coordinator is searching
for another host family for me I am currently living with my
boyfriend.  I would like to leave the program and apply for the f-1
visa.
Can the au pair organization revoke my j-1 visa and force me to leave
the country if I decide to apply for the f-1 visa prior to working
as an au pair for an entire year?  Should I stay within the au pair
program until I get the f-1 visa?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Au Pair switching from j-1 visa to f-1 visa
From: taco325i-ga on 25 May 2006 09:18 PDT
 
The au pair organization cannot revoke your visa, as it is issued by
the federal government.  However, if you violate your terms of stay,
you will fail to maintain your J-1 status, and you have to leave.  You
are allowed to remain for as long as your "duration of status"
regardless of when your visa expires.  Remember, your visa only gives
your permission to arrive in the US from a foreign country, it has
nothing to do with your permission to remain in the U.S.

Secondly, as a J-1 visitor, you cannot change your non-immigrant
status.  You have to leave the country to apply for an F-1 visa. You
have to start a fresh F-1 application. Your jump from J-1 to F-1
cannot be done while you are in the U.S.

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001258----000-.html

http://a257.g.akamaitech.net/7/257/2422/11feb20051500/edocket.access.gpo.gov/cfr_2005/janqtr/pdf/8cfr248.1.pdf

http://www.uscis.gov/graphics/services/factsheet/howdoi/c2_english.pdf

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