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Am I legal waiting for my F1 visa while my employer terminate my DS2019 form?

New York, NY |

Now I am an au pair holding the J1 visa. I already applied for my F1 visa and I got the I797 C form from the immigration. I am gonna finish my au pair program in August 6 th. But now, i just want to leave my host family in June which means my au pair agency gonna terminate my DS 2019 form. However, I got the letter from the immigration saying they have received my documents and are processing my application. I want to ask if my agency terminate my DS2019 form, am I legal staying here while I am waiting for my F1 visa? If my DS form is terminated, is it possible that my application for F1 form will be denied? Thank you!

Attorney Answers 3


  1. This is not a general question. You are asking for a consultation. No problem, but not on AVVO. AVVO is a free general legal information blog, not a substitute for legal advice. Schedule an consultation with a competent and well recommended immigration attorney for that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. I agree with my colleague

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. I agree with my colleagues that this is a little to complicated to answer in this kind of forum. One of the central questions is how long do you need to maintain J-1 status before the F-1 program start date. This question can be answer by reviewing the regulations and another resource called the NAFSA Adviser’s Manual. I recommend you consult with a lawyer that has specific experience in J-1 matters and a subscription to NAFSA.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

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