DS- 2019 has expired June 30th, Should i stay in USA or is it safer to go back to the home country and return when H1 approved

Asked about 1 year ago - New Haven, CT

I have applied for j 1 waiver through the Conrad 30 program, my application is right now with department of state. my ds- 2019 has expired on June 30th, how safe is it for me to stay in the country or is it safer to go back to the home country till my h1 goes through? Some people have suggested me to leave the country within 30 days and others suggest not to go back as I might have difficulty returning back. Please suggest?

Attorney answers (3)

  1. Dana Roxana Bucin

    Contributor Level 15

    4

    Lawyers agree

    Answered . You have a 30-day grace period for J-1. To recommend a course of action, one would need more details - such as would your H-1B start Oct 1, 2013, or sometime sooner. In other words, will you have a gap between J-1 expiration and H-1 start date? Might not be a bad idea to consult an immigration lawyer privately.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide,... more
  2. Alexus Paul Sham

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleague. Generally you have a 30 day grace period at the expiration of your J-1. When does your H1 start.? My best advice is to consult an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . You only have a 30 day grace period, which means you will need to leave the US, obtain an H-1B visa in September, and return with that visa in order to be in H-1B status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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