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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

New Haven, CT |
Filed under: US visas

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. 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, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.


  2. 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 not constitute legal advice. It does not create an attorney-client relationship.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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