a) Except as described in paragraph (b) of this section, the
following categories of aliens are not eligible to change their nonimmigrant status under section 248 of the Act, 8 U.S.C. 1258:
Sec. 248.2 Ineligible classes.
.......
(4) Any alien classified as a nonimmigrant under section
101(a)(15)(J) of the Act (other than an alien described in paragraph (c)
of this section) who is subject to the foreign residence requirement of
section 212(e) of the Act and who has not received a waiver of the
residence requirement, except when the alien applies to change to a
classification under section 101(a)(15)(A) or (G) of the Act. (Previous
paragraph (d) redesignated as paragraph (a) (4) effective 10/17/07; 72
FR 53014