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I hold a J1 visa (Research Scholar) I have been on J1 status and was granted the waiver of the two-year foreign residence. This was granted under the no-objection category.

Now, I have an academic job offer and my new employer is going to sponsor my H1B. However, the attorney working with my case says that INA 248(2) makes J-1 holders ineligible for CoS. I have no idea of the meaning of INA 248(2), and will have a phone call with him and my employer about this.

I have never heard of this, and everyone (lawyers, international offices at Universities, other people that changed status) I have spoken with in the past told me that once I have the waiver I could apply to the H1B visa.

I need to wait some days for the said phone call and was wondering if someone could help me.

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INA 248(a)(2) (8 USC 1258(a)(2)) says that someone admitted in J status to pursue graduate medical education or training cannot do Change of Status. It does not apply to all J1; only the graduate medical education or training J1s. You have not said what kind of J1 you have, so we can't tell whether this applies to your or not.

(On the other hand, INA 248(a)(3) (8 USC 1258(a)(3)) says that someone admitted in J status who is subject to the INA 212(e) 2-year home residency requirement cannot do Change of Status. You have waived your 2-year home residency requirement, so this no longer affects you.)

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  • I have edited my question, I'm a J1 visa (Research Scholar). So, is INA 248(a)(2) the same as 8 USC 1258(a)(2)? – ziulfer Jul 22 at 4:37
  • @ziulfer: yes . – user102008 Jul 22 at 4:42
  • I've found this govinfo.gov/content/pkg/CFR-2020-title8-vol1/xml/…, do you think item 5 under 248.2 Ineligible classes, applies to me? – ziulfer Jul 22 at 4:49
  • @ziulfer: No. 8 CFR 248,2(a)(5) says that people who entered on the Guam-Northern Mariana Islands Visa Waiver Program is ineligible for Change of Status. It does not apply to you. – user102008 Jul 22 at 16:54
  • Thanks @user102008 – ziulfer Jul 23 at 11:40

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