Urgent question: Physician J1 waiver (NY state)


xarc123x

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Posted

Hi,

I just finished my fellowship, and my J1 visa expired on 6/30. I understand that I have a 30 day grace period to legally stay in US after that (i.e., until 7/30).

But I had few quick questions:

-- I have been approved by the NY state Conrad-30 program for a J1 waiver in Feb 2015, the the NY state forwarded my application to DOS for review in May 2015. I was hoping that I will get it approved by DOS by now...but unfortunately...it seems to be going pretty slow, and my application still shows up as "pending".

I wanted to know whether I can stay "legally" stay in US after the end of my 30 day grace period, and while my J1 waiver process is ongoing???

-- And to look at a possible scenario: If by 7/30, my applications with DOS is still "pending", can I continue to stay "legally" in US after that time???

-- Or to look at another possible scenario: if by 7/30, my application is completed by DOS, and has been forwarded to USCIS with "favorable recommendation", can I continue to stay "legally" in US after that time??

Thanks in advance for your help!!!

Posted

Once the J1 is done, there's no legal status. The 30 days are to arrange travel and finish remaining business in the US.

So pending applications don't constitute a legal status. If you can extend J1 for boards (as some residencies/fellowships have fall boards) you should be good, otherwise I'm afraid but you'll have to go back to your home country until you get the waiver and H1B.

  • 3 weeks later...
Posted

Have you figure out something? I understood that we can apply to adjust of status with the favorable recommendation from DOS, it's the only kind of waiver we can do it that way. But I don't know in the case we don't get an answer from DOS before our time is over. I'm concern about it too, 'cause I haven't received an answer yet. I really hope to know something soon.

  • 3 weeks later...
Posted

Hi

So I consulted surg my lawyer and I was assured that as long as we file a h1 petition before 7/31 --- we are ok to stay after the 30 day grace period.

I got DOS approval around 7/16

My h1 was filed on 7/29 by premium processing. But got RFE from them in 10 days as USCIS approval was pending.

I got USCIS approval today. So hope will get h1 soon.

I didn't leave US, and plan to go to canada to get h1 stamped in August end. Will start job in sept first week.

Thanks for everyone's reply!

  • 4 weeks later...

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