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My current H1b visa ends in june 30 2013 and i will have my new DS 2019 start july 1st 2013..can i use the new ds 2019 for job

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I need to use my new ds 2019 to start my residency as it will start the next day my current H1b i dont think i need the change of status process as they are not overlaping..Thank you

Attorney Answers 3


You need to be in J status. If you are presently in H-1B status, you will need to either change your status in the US, or go abroad to get a J-1 visa.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with Atty Shusterman.

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Mr. Shusterman is correct. You need to file for a COS, or take a trip out of the country, get a J visa stamp and return.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Can i start work with my DS 2019 while my change of ststus pending..and again my current H1 and my future J1 periods are not overlapping .the j1 will start the next day my current H1 ends..thank you.

F. J. Capriotti III

F. J. Capriotti III


No you can not use the DS-2019 alone to begin work. You need an approved COS and new I-94 issued by CIS' ... or a new visa stamp and I-94 ... which can only be obtained after exiting and re-entering the US.

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