QUESTION

Can I do an internship on a J1 after OPT ?

Asked on Feb 04th, 2014 on Immigration - Washington
More details to this question:
2 months after that my OPT expired my wife will be citizen and will sponsor me and based on my readings I will need to wait another 3 months to be able to work again . Can I just get a J1 after my OPT to keep working for 5 months ? It is really silly that I stop working ( consuming and paying taxes) for 5 months how I can manage to work during this gap? Thank you
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Assuming that you do not incur a two-year foreign residence requirement by virtue of having taken a J-1 exchange visitors status, you would have to have an institution give you J-1 acceptance paperwork and have that approved in a change of status application from F-1 to J-1 from U.S.C.I.S. That agency may be curious as to why you must have a J-1 after having had a recent period of OPT training. It might be better for you just to wait for your wife to sponsor you and for you to obtain an EAD based upon her sponsorship.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 26th, 2014 at 10:10 PM

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