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Do I Subject to the Three-Year Bar to Enter United States?

Help Desk:

I am a F-1 student currently on practical training. If I can not find a permanent job to change my visa to H-1 after 6 months of practical training, do I subject to the three-year bar to enter United States?

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Answer:

Currently, for F-1 and J-1 visa holders, they are not subject to the three-year or ten-year bar, even if they fell out of status more than six months or one year, unless DHS or DOS officials determined that they have violated the nonimmigrant status and they are out of status.

USCIS had a plan to remove the "Duration of Status (D/S)" for for F and J visa non-immigrants, and impose the fixed date of admission for the F and J non-immigrants, subject to extension. At this time, it looks like the USCIS may withdrawn this plan.

 

 

 

 

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