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how to stay in the us after j1 visa

by Bryce Haley Published 2 years ago Updated 2 years ago
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How can I stay in US after J-1 visa expires? If your J1 visa

J-1 visa

A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English l…

has expired, you will be required to return to your home country for at least two years before being allowed to apply for any additional visas. This is not always possible and can sometimes simply be impractical.

J1 Visa coming to an end? What's next after a J1 Visa?
  1. You can only apply for an H1-B visa once a year on a specific date, April 1st. ...
  2. This Non-Inmigrant Visa allows you to stay in the USA for 3 years (can be extended up to a maximum of 6 years)
  3. Partner and children under 21 can apply for an H-4.

Full Answer

Can I leave a J-1 visa program early?

Otherwise (if you leave the program early), you have to leave immediately. Note that the question is asking about a visa that expires "during the program" -- because J-1 status is dependent on your remaining in the program. If the visa expires after the end of the program, the answer to the question is different.

How long can you stay in the US on a J-1?

Validity Period. The amount of time that you can stay in the U.S. under your J-1 visa is dependent on your specific program, though the maximum is usually seven years except under certain circumstances.

Can I travel outside the US with a J-1 visa stamp?

The J-1 visa extension applicant is able to travel outside the United States, however, it is essential for the applicant to have a valid J-1 visa stamp in his/her passport. If the visa stamp has expired, it is critical to get a new visa before traveling. Applicants traveling with an expired stamp will not be allowed to re-enter the United States.

What happens if my J-1 visa stamp expires?

If the visa stamp has expired, it is critical to get a new visa before traveling. Applicants traveling with an expired stamp will not be allowed to re-enter the United States. J-1 Traveling Grace Period There is a travel grace period which may be important for you to understand.

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How can I stay in USA after J-1 visa?

Applying for a Waiver The U.S. Department of State has a J Visa Waiver Online Service where visitors can fill out the J Visa Waiver Recommendation Application or form DS-3035. This will provide visitors with DS-3035s that they can print. They will find a unique barcode and a case number printed on these documents.

Can I stay in the US after my J-1 visa expires?

Remember: Though you are allowed to travel in the USA during the Grace Period, you may NOT exit and return to the USA during the Grace Period, because your J-1 visa expires on the program “end date” on your DS-2019 form – and you will not be allowed back in to the USA with an expired visa (to finish traveling or to ...

Can a J-1 visa holder get a green card?

J-1 Waiver to Green Card Process. Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.

Can you work in US after J-1 visa?

Can You Work in the US with a J-1 Visa? Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week.

Can J-1 visa be converted to H1B?

How to transfer your J1 Visa to an H1B Visa. To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.

What happens if I overstay my J-1 visa?

If your SEVIS (or DS-2019) is terminated OR you overstay your grace period, you could be accruing unlawful presence. This can lead to arrest and deportation proceedings. Accruing unlawful presence may result in being barred from the U.S. for many years or even permanently.

Can I marry a U.S. citizen on a J-1 visa?

Getting married on a J-1 Visa is not impossible, you just need to have your J-1 waiver ahead of time before the process can start. After you have received approval for your waiver, your marriage-based green card application can begin.

What is the 2 year rule for J-1?

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

How can I change my visa status from J-1 to b2?

In order to change your J-1 status to B-1 or B-2 status (Visitor for Business or Pleasure), you have to file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit all necessary documents.

What are the options after J-1 visa?

If approved, you'll only be able to start working on October 1st. This Non-Inmigrant Visa allows you to stay in the USA for 3 years (can be extended up to a maximum of 6 years) Partner and children under 21 can apply for an H-4.

How many times can a J-1 visa be extended?

There are particular extensions available for professors and research scholars on the J-1 visa program. After the initial three-month maximum duration period, eligible individuals can extend their stay for six months to complete their designated research or program.

Can I convert my J-1 visa to F-1?

Applications to change to F-1/J-1 status may be submitted to the USCIS up to six months in advance of the start date on Form I-20/DS-2019, but may not be approved by the USCIS until 120 days or less before the start date.

How long can I stay in the US with a J1 visa?

If you successfully complete your J1 program, you remain in J1 status for 30 days (the grace period) after the completion of the program.

How to determine the length of stay for a J1 visa?

The applicant’s length of stay for the program can be determined by the IAP-66 or Certificate of Eligibility. The maximum time of stay cannot go beyond the total amount indicated by the program. The program and program sponsor must consent to the J1 visa extension.

How to stay longer in Canada?

The easiest way to “stay” longer would indeed be to fly to Canada (or Ireland or the Dominican Republic or somewhere else cheap to fly to), go on a quick vacation, apply for ESTA, and then return on ESTA. That gives you another 90 days. Why do I say fly - well, the land border is much more likely to send you back to Canada if they find that your J1 Visa just expired and they suspect you will overstay or work on your ESTA as you technically never left Canada. It is much more of a has

Does visa type matter in lottery?

Win the Lottery: your visa type does not matter.

Does visa type matter when marrying a US citizen?

marriage: you are marrying a US Citizen or a Green Card holder. Your visa type does not matter.

Can I stay in the US if my visa is expired?

Whether your visa is expired or not is completely irrelevant when you are inside the US. What determines your ability to stay in the US is your status, as given on your I-94, and governed by the regulations regarding your status. People in J1 status are almost always admitted for “D/S” on

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A company based in the U.S. will have a few options in front of them when deciding to hire an employee overseas. The first option is to set up a foreign entity in that specific cou(Continue reading)

What is a J-1 visa?

Let’s start with a brief rundown of the J-1 visa. This nonimmigrant category is for program-based immigration rather than employer-based. A government-approved sponsorship program will provide you with a completed DS-2019 form to be filed with the USCIS.

How to request a J-1 visa waiver?

To request a J-1 visa waiver, you will need to file a DS-3035. The form must be completed with relevant information, which includes your SEVIS number, the date you entered the U.S. under J-1 status, and information about your J-2 dependents (if any). You will also need every DS-2019/IAP-66 ever issued to you as well as supporting evidence to prove that you meet the requirements for the waiver. The J-1 visa waiver filing fee is $120.

What to do if you are seeking a change of category related to your J-1 visa extension?

If you are seeking a change of category related to your J-1 visa extension then you must clearly demonstrate that it is closely related to your original exchange objectives and necessary as the result of extraordinary circumstances.

What is the grace period for J-1?

J-1 Traveling Grace Period. There is a travel grace period which may be important for you to understand. As indicated on DS-2019, there is a grace period that USCIS allows for individuals completing the United States to depart the country.

Can a research scholar stay beyond the validity period?

Compared with various categories of J-1 visa beneficiaries, research scholars have an extension process that is different. Because the J-1 visa covers a wide range of professions, the validity period differs among applicants. While a government visitor, an au pair, or a camp counselor may not stay beyond the validity period for his or her category, a research scholar may do so.

When to extend DS 2019?

Minor rules include the requirements to: Extend your program before the end date stated on your DS-2019 if you need to stay longer than the earlier issued date. Process your program transfer before the end date on your DS-2019. Get the required approval before accepting an honorarium or any other type of payment.

Does DS 2019 expire?

The newly issued DS-2019 will have a new end date and SEVIS will also record the new expiration date. If you have dependents (spouse and/or children) on a J-2 visa, each of your dependents must be issued their own DS-2019.

Alexander M. Ivakhnenko

A classic approach to your dilemma would be hiring a competent immigration attorney to review your particulars and suggest a legally optimal venue to pursue.

F. J. Capriotti III

As you stated ... thousands of foreign students get this visa every year ... many wish to stay and ... as you will learn, most don't find ways to get work permits in the US ... unless they go to a US University and get an advanced degree.

Carl Michael Shusterman

There are many different types of temporary visa categories. See which ones you may qualify for.

How long is a J-1 visa valid?

These include your passport, which must be valid for at least six months beyond your J-1 program end date, valid DS-2019 form, and valid I-94. If you have any J-2 dependent, ensure theirs too are always updated.

What is a J-1 visa?

The J-1 visa classification is designed for foreign nationals who wish to participate in an approved exchange visitor program in the U.S. The program is overseen by the United States Department of States (DOS).

What Are the Next Steps After J-1 Early Termination?

While it is best to guard against early termination diligently, there are some actions that can help salvage the situation if your status is terminated:

What to do if you are terminated from your status?

If your status termination is related to federal, labor, or immigration law, there will be an explanation of the causes, implications, and possibly mediations available under that specific law.

Why is my visa being terminated?

This is because some past crimes are can automatically make you inadmissible to the U.S. If, after your visa has been granted, you are found to have engaged in any of the following crimes, your visa may be terminated and you will be removed from the U.S. Marriage fraud. Involvement in moral turpitude.

What does it mean when you are terminated from your immigration program?

If you are sure it was a termination, this indicates that you must have violated federal law or program rule. In that case, you should contact an immigration lawyer immediately.

What is required to complete immigration process?

Proof of adequate health insurance is required to complete your immigration process with the DOS. Also, when requesting for other services, such as requesting an extension during your program, you will always need to provide it. “Willful failure to maintain insurance coverage,” according to the DOS, will lead to termination.

How long do you have to leave the J-1 visa?

If you "complete" your program successfully, you get a 30-day grace period before you have to leave. Otherwise (if you leave the program early), you have to leave immediately. Note that the question is asking about a visa that expires "during the program" -- because J-1 status is dependent on your remaining in the program.

How to stay in the US after a program?

Your real question, though, is how to stay in the US working after your program finishes, so you need to find a nonimmigrant status that will allow you to do that. You also need to find an employer willing to sponsor you. This can be difficult, depending on your qualifications.

How long do you have to leave the country after your visa expires?

According to the Common Questions you have 30 days to leave the country after your program is over. However, this implies that you may not work unless you have obtained an extension to your program. The answer that you quote seems to mean that if your visa expires but the original program is still continuing, then you can stay. Otherwise you have to leave within 30 days.

How long do you have to leave the country after a program is over?

3. According to the Common Questions you have 30 days to leave the country after your program is over. However, this implies that you may not work unless you have obtained an extension to your program.

Can a J status change to another status?

Some J-status nonimmigrants may be eligible to change into another nonimmigrant status without leaving the US. For more information, see https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status.

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