Immigration Issues/Change visa status

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Question
I am an Italian postdoc on H1B workin in US and payed by US research institution.
I recently won an Italian fellowship: I am going to be payed by the Italian institution (that will become my employer), to continue to work in the US institution (formally as a volunteer postdoc).

Thus

FACT: I have to change my visa status from H1 to J1:

QUESTION: Should I file all the visa application ex novo from an Italian embassy  or I can do it while staying in the US?
(My H1 visa is still valid)

Thanks for your help and kindness
Fabiana

Answer
Fabiana,
You need not leave the country to change to J-1. You should contact the international student office and they will issue you the DS-2019 and advise you on filing form I-539 to change your status from J to H.

However, if at any time you wish to leave the US and reenter  after you have changed to J-1 visa you would need to obtain a J visa at the US consulate in Italy.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

PS. If you ever choose to become a permanent resident in the US  you should think about filing for it under the National Interest Waiver category. My firm would be glad to help you in this.

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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