If the waiver and the H-1B have not been adjudicated by September 30th, you would stay at your own risk.
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.
If you still remain in the U.S. after Sept. 30 you will be accumulating "unlawful presence" ("UP"), unless the petitions pending for you are ultimately approved. Note that 6 months UP = 3 year bar to readmission to U.S. and UP of 1 year = 10 years bar.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I concur with my colleagues. I don't know what type of J-1 waiver you have applied for but many of these take a long time. You may want to file premium processing on your H-1B if it will be accepted with your pending waiver request. Best may be to go home and wait since you can't work until the approval and waiver grant anyway.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law