From: kavuri@lips.ecn.purdue.edu (Surya N Kavuri )
Subject: Handling problems in J-1 to H-1 conversion
Organization: Purdue University Engineering Computer Network
Date: Sun, 27 Sep 1992 22:19:54 GMT



 A few months back, I posted an article mentioning my friend's problems
 with J-1 to H-1 conversion.  Since then he got past the problems
and he asked me to post the info for others.

Surya Kavuri

*************************************************************************


     URGENT NEED OF ADVISE ON A H1 VISA PROBLEM
     ------------------------------------------

   Hi,

     One of my friends has been working as a post-doc for the last 3 years.
   He wanted to change his visa status from J1 to H1 before the 3 year limit 
   on his J-visa expired. He got the 'No Obligation Certificates' from
   USIA(U.S. Information Agency) and INS. At that time he wanted to 
  change his visa status from J1 to H1. He was told by his Foreign Students 
  Office(FSO) that the  process for H1 had become *lengthy* according to the 
  new regulations and also INS had put a temporary *freeze* on accepting new 
  H1 petitions. Because of the possible delay, he was suggested by his FSO 
  to apply for J-extension, before the expiry of his I-94, for an additional 
  6 months.  
  
       In the meantime his FSO was doing the required paper work(advertising 
  the job, labor attestation etc.) for the H1 petition and the papers are now
  ready to go to the INS.

THE PROBLEM
----------
  The problem now is USIA is not willing to give him extension of his J-visa 
  as they have already issued the waivers for the 2 year home residency.
  
  Without J-extension, he will be out of status and INS will not give him 
  H1 status. He is now asked to apply for the H1 status/visa from outside U.S.

Questions
--------- 

  My questions to visa gurus are:

  o Is it possible to adjust the status within the U.S.?

  o If his H1 petition is approved by INS, how risky is collecting the H1 
    status in India or in a third country?        

  o He plans to go to the consulate in Bombay. What are the chances of getting
    a visa there? Does the consulate consider the fact that he is on a 
    continuing program  and issue him a visa?
    What kind of letters/documents he should take with him? 

 o  Are there any other alternatives/consulates he should try?

    He wants to leave/take his personal stuff based on the probability of
    getting  a H1 visa in Bombay. I would appreciate any suggestions from 
    the netters.



    Surya Kavuri

--End of Original Posting --
----------------------------------------------------------------------------

 Thanks to Ravi Vemuri, Ravikumar@CMU for their suggestions.

     I left for India as I became out of status in U.S.
     Our university filed my H1 petition in my absence. INS approved my H1
petition. Our university sent me my H1 approval form(only white form). I went
to the U.S. consulate in Bombay with the following documents:

Passport, photos, H1 approval form, No Obligation Certificate from INS, 
letter from my professor explaining my research activities, letter from my
university stating why I did not depart U.S. immediately after the expiry of 
my I-94, ~Rs.3000.

INTERVIEW
---------

CO1: Consular Officer 1
CO2: Consular Officer 2

CO1: Do you have your blue  H1 approval form? 

Me:  No. I received this white  H1 approval form only from my university.

CO1: Let me check whether we have received a copy of that form.
     (He came back to his seat after a minute and continued)
     Our computers are not up. Please wait.

     After one and half hours, I was called by another consular officer.

CO2: Do you have your blue H1 approval form?

Me:  No. I received this white approval form only from my university. The
     consular officer in window no.#2 wanted to verify my records on your 
     computer. Have you received a copy of this form?

CO2: We must have received that letter. You were in U.S. before for 3 years on
     J1 visa. You have completed your work on J1 visa. Why do you want to
     go again?

Me:  No. I have not completed my work. My project is still continuing.
     
     At this moment I gave her the letter from my Professor.

CO2: But, there is a 2 year home residency on J1 visa holders. Do you have a
     waiver for that? Can I see that?

     I handed over my waiver letter to her.

CO2: What is the nature of your job in your university? Teaching or research?

Me : Research.

CO2: Sir, you have been away from your home country for a long time.
     Are you not feeling guilty for not working in your home country.

Me:  I am half way through in my project work. That is the reason I am going 
     again.

CO2: What do you plan to do after that?

Me : I will come back and take up a job here.

CO2: Oh yeah!

Me:  Yes.

CO2: OK. Come back at 4:00 p.m. and pick up your passport.

     I got my multiple entry H1B visa.

               **** SUBHAM ***

Ramkumar

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