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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have received below email from J1 visa sponsor Agency

Customer Question

Customer: Hi ,I have received below email from J1 visa sponsor Agency after I applied the change of status from J1 to F1 and I have received receipt notice from USCIS( My Case was Received successfully)Is it any issue for F1 Visa approval?I don't have 2 year home requirement in J1 visa and haven't done illegally job.this is email got from the agency"We received information from DOS the participant has submitted F-1 visa request while he is still on his J-1 program which is the violation of J-1 regulations. Could you please contract him are request immediate clarifications on this. Thank you very much"Best RegardsAnil kumar.J
JA: Thanks. Can you give me any more details about your issue?
Customer: I have applied change of status from J1 Trainee visa to F1 Visa on Nov 25th 2015 .My current J1 visa will expires on May 2016. The Class will begin on 8th january 2016.I have recieved reciept Notice from USCIS on Dec 5 th.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Now i am waiting for notice of approval I have received email from j1 visa sponsor Agency states that"We received information from DOS the participant has submitted F-1 visa request while he is still on his J-1 program which is the violation of J-1 regulations. Could you please contract him are request immediate clarifications on this
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Have you spoken to your J-1 program director? It is common to go from J-1 to F-1 so I don't see what the violation is. What does your director say? Have you been maintaining your J-1 status properly?

Customer: replied 11 months ago.
I have email from J1 sponsor agency
Hi Anil,I received the following message , could you please clarify?"We received information from DOS the participant has submitted F-1 visa request while he is still on his J-1 program which is the violation of J-1 regulations.
Could you please contract him are request immediate clarifications on this.
Thank you very much"
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

There is nothing wrong with applying for F-1 status while one is on J-1 status. So I don't know what violation they are talking about. Have you been maintaining your J-1 status? Did you file the F-1 COS before your J-1 status has expired? Have you spoken to your Designated School Officer (DSO) about this? I have to log off for a bit, but I will be back in about an hour or so. Sorry for the inconvenience. Please respond so I can read it when I get back. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I'm back, but you did not respond. Have you been maintaining your J-1 status? Did you file the F-1 COS before your J-1 status has expired? Have you spoken to your Designated School Officer (DSO) about this?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

There is no violation of J-1 regulations for the person to timely file a change of status to F-1 student status as long as the prospective student was maintaining their J-1 status at the time that they filed the change of status to F-1. I have a suspicion that DOS only informed the J-1 program of the change but did NOT say that it was a violation. I think the J-1 program is saying it is a violation of their own rules which have nothing to do with the immigration status. So just continue forward and keep your DSO informed of what is going on. You have done nothing wrong. Work closely with your DSO to make sure that you change status within 30 days of your start of classes and you should be ok.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.

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