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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Question Remaining in the U.S. After J-1 Grace Period

    I read a lot of posts and did not find a complete answer to my question. My friend is trying to stay in the US to become a student or to work. Simply staying as a tourist is acceptable, however, in all instances she would like to ultimately live here and retain her ability to travel home and back. Her status is:

    - Russian Citizen
    - Was here for 3 months (through Sept. 18th) on a J1 visa to work.
    - Currently within her 30-day grace period
    - Does not have a two-year home residency requirement

    After a brief 15-minute interview with USCIS in which they examined her Visa we were told she could remain here for 90 days, and that she could change her visa to another type and could also remain in the country while that visa application was pending. Most information seems to indicate this is incorrect. So here are our questions:

    1) Is she legally allowed to remain in the country more than 30 days?
    2) What is the impact of staying longer than 30 days if she wants to work or live here in the immediate future?
    3) What visa or other options are available to let her remain in the US after her grace period now that it has begun?
    4) What else besides a valid Visa does she need to work in the US?

    Let us know if you need more information and thank you for your efforts here.

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

    Default Re: Remaining in the U.S. After J-1 Grace Period

    Is her I-94 marked with a specific expiration date, or is it marked D/S (duration of stay)?

    1. As a J1 holder, she has a 30 day grace period.

    2. An overstay disqualifies her for visa waiver, may complicate her obtaining future visas, and if long enough results in a period of ineligibility to enter the U.S.

    3. What visas does she qualify to obtain? It seems possible, assuming it was early enough, that the USCIS officer she spoke to envisioned her attempting AOS to B1/B2, but I wasn't there to ask. If her J1 program ended on September 18, she may want to try leaving the country (e.g., to Canada) then attempting to reenter as a tourist. Or, if you're serious about her, you can marry and petition to adjust her status based on marriage; although she should not ordinarily leave the country during the pendency of that process as overstay rules will apply. There may be other possibilities.

    4. She would need a visa that permits her to work. She can't work on a tourist visa. She would have (very) limited work options on an F1 (student) visa.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Remaining in the U.S. After J-1 Grace Period

    Thanks for your reply, Mr. Knowitall. I believe we can go forward with this information. If you have more time, though, here are some more details:

    Her I-94 is marked with a specific expiration date. I presume there are types of visas that include D/S designations -- are these visa, individual or purpose-of-visit specific?

    She is qualified to obtain most visas: B2, H1-B, another J-1 for Au Pair, which is our current preference, or a B2 which is apparently the easiest to obtain. I've read in your other posts about her leaving the country to Canada -- I wonder if Canada will permit her to enter; i.e. what are their policies? Or does it not matter since there is some sort of international neutral space she will occupy? Also, I wonder if leaving during her grace period rather than during the period her visa was valid would affect her ability to obtain a US B2 visa and reenter.

    As for marriage, your experience shows. Yes, I am serious about her and have read about that. My concern is that she be able to visit her mother or that her mother visit her. As she phrased it "There is a poetic phrase in Russia: if you cannot bring people to the mountain, bring the mountain to the people." Russia may prohbit her mother from visiting for fear of losing another citizen. But given no overstay, how long can the process of obtaining permanent resident status take after marriage? Her desire to stay is strong, but I won't allow myself to be the cause of her losing contact with her friends and family. Thanks again, Mr. Knowitall.

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