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Date: Wed, 21 May 2003 15:57:39 -0400
X-Mailer: QUALCOMM Windows Eudora Version 4.3.2
Status: O
Hi,
again I am not an immigration lawyer, but here my thoughts.
- Status change
You can apply for a Status change in the US if you are already in the US
legally. Your approval notice will have a new I94 sticker with the new
Status printed on it. Just replace the current I94 in your passport with
this new one. Your are then fine and are legally in the US under the new
Status. But the approval notice and new I94 will _not_ allow you to
re-enter the US if you once leave the US for travel (that is the reason why
the remove the I94 at the airport before you depart (unless you just travel
to Canada). The next time you want to re-enter the US you will have to go
the embassy in Bern and get a new Visa stamp. And that is were the
additional delays could kick in (up to three months, because your work may
be related to certain technologies, or you are a well known drunkie in the
US ;-)
- Special Status change case: H1-B renewal
Before the most recent changes it was common that people renewed their H1-B
Status by making a short trip back to the Swiss embassy. This was fast. The
other possibility was and is to get it renewed through the State
Department. This has recently (obviously) become more popular because you
do not risk the delay to get a new Visa at the embassy in your home
country. But you can't travel abroad anymore and come back without getting
a new Visa in your passport and therefore the mentioned delays.
- Special Status change case: J-1 to H-1B
This is hard to get in the first place. The exchange visitor status does
usually not allow you to change to H-1B or Green card. You have to fulfill
the duty in the exchange country first before being able to fully re-apply
for a H1-B status. If the J-1 was sponsored by a Swiss institution then
they may consider waiving their rights, but if it was sponsored by a US
institution then this is really unlikely to happen. On the other hand a J-1
to O-1 Status change should be possible.
Claudia, you should definitely consult an immigration lawyer and not leave
the country before you have done so.
Hope this helps.
Michael
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Received on Thu May 22 2003 - 10:42:36 PDT
