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  1. #1
    Join Date
    Nov 2012
    Posts
    2

    Default Staying After the Grace Period Waiting for Change of Status (J1 to F1) Decision

    Hi,
    I'm a visiting scholar with J1 visa (accompanied by my family) at a US university and I'm not subject to
    two-year home residency restriction. My J1 visa expires on end of November, 2012, with the grace period ending
    on end of December, 2012.
    I also was admitted to the same university for PhD and I received my I-20s on 9th November. I will send my documents
    to USCIS tomorrow to request change of status (J1 to F1).

    My questions are:

    1. Since it seems that I don't have enough time for change of status while in the US, may we stay in the US
    even after the grace period (waiting for USCIS decision to be declared)?

    2. My family and I are supported financially with a GA from the university. So does it make things better
    if I mention in the documents sent to USCIS that "Please grant expedite: assistantship pending" as the
    officials in the university recommend?

    3. Can anyone give me a rough estimate of the processing time for my case?


    A response from Mr. Knowitall will be highly valued and appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Staying After the Grace Period Waiting for Change of Status (J1 to F1) Decision

    You can check current processing times for an I-539 here. Generally, it takes around 2.5 months. If you want to add a note or to contact the USCIS and request that they expedite processing, you may do so; we can't promise results.

    What nation are you from? The easiest way to avoid conflicts with grace periods, waiting times, etc., is probably to take your I-20 back to your nation of origin and reenter on a F1 - although you can stay in the U.S. while your COS is pending, you can't work after your J1 expires. However, if you have applied for COS, departure from the U.S. will cancel that application.

    Your college likely has an office for international students that can assist you with visa issues, and may be able to suggest solutions.

  3. #3
    Join Date
    Nov 2012
    Posts
    2

    Default Re: Staying After the Grace Period Waiting for Change of Status (J1 to F1) Decision

    Dear Mr. Knowitall,

    Thanks much for your answer. Since my stay in the U.S. is legitimate while my COS is pending, I prefer to stay.
    Yesterday, I also consulted the office of international affairs in our university and the student immigration coordinator
    recommended me to stay and enroll in the PhD courses, even if the USCIS decision is not declared at the time
    mentioned on the I-20 form.

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