US consulate claims I should apply for a J-1 visa, but I think I only need a B-1/B-2 visa. How should I proceed?
I had my visa interview yesterday and my application is kept on hold because I went with a DS-160 form and applied for a B-1 visa, but the interviewer and their manager asked me to visit US consulate again with DS-2019 form for a J-1 visa for my purpose of visit.
My purpose is to visit as an observer and observe my professor's laboratory work to gain knowledge and experience, also in the meantime I'll be getting opportunity to attend seminars related to their work. I'm not getting paid, neither I'm paying anything for this trip. Also the institute I'm visiting is asking me to get a B-1 visa because it is only favouring their policy.
How can I proceed?
Best Answer
tl;dr: If you want the chance to be allowed in, apply for a J-1
The distinction between business activities (as allowed under a B-1 visa) and "work" (as requiring other types of visa) is blurred in everyday speech. For visas the differences are subtle and it is understandable that the visa type you believe is required is not the same as the visa type the US Consulate believe is required.
However, they are the ones that count because they have the authority to issue visas and they 'make' the rules. So you can either remain convinced a B-1 is all that is necessary - and have to manage without a visa - or you can do as the Consulate has suggested and apply for a J-1, assuming you wish to be allowed entry and be legal while in USA.
Pictures about "US consulate claims I should apply for a J-1 visa, but I think I only need a B-1/B-2 visa. How should I proceed?"
Can I hold f1 and B1 B2 visa at same time?
No. You can only hold one visa status at a time. You can't be both F and B.How many times can you enter the US on a B1 B2 visa?
If you have a B1/B2 visa, you can visit the United States whenever you want to \u2013 as long as your passport is valid. The B visa is a multiple entry visa, which means you can use it to enter the United States more than once.Can I have 2 visas at the same time?
You can have as many visa as you want. The limit is the number of free pages in your passport (or one or two less).Can US consulate deny approved petition?
Additionally, the U.S. consular officer can deny an immigrant visa after finding that USCIS erred in approving the underlying immigrant visa petition. Section 221(g) of the I.N.A. empowers consular officers to make this decision, and also allows them to ask USCIS to revoke its approval of a petition.Visa Interview Mistakes to Avoid - Mock B1/B2 Tourist Visa Interview at US Consulate - GrayLaw TV
More answers regarding uS consulate claims I should apply for a J-1 visa, but I think I only need a B-1/B-2 visa. How should I proceed?
Answer 2
Actually you are correct that a B1 visa is all you need. Observations and attending one-time seminars (i.e. not recurring ones) qualifies as business, and not study.
However, in this case, what is correct by definition doesn't matter, because the consulate issues the visa; as such you have to go by their instructions.
So, if you want to get into the US, you have to apply for a J1 visa
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Element5 Digital, Gotta Be Worth It, Molly Champion, Mark Ingraham