Urgent question: Physician J1 waiver (NY state)

[xarc123x]

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!!!

[MediumRare]

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.

[j1waiver2015]

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.

[xarc123x]

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!

[olgatorres]

Don't know please share some more post.