J1 visa ending

Old Jun 3rd 2004, 1:16 pm
  #1  
Roberto
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Default J1 visa ending

Dear Members and Experts,

My J1 visa is going to end 1st of August 2004. I plan to stay on for one
month that is the month of August as I am waiting for some papers to arrive
and I estimate that it will take that much time.
My question is if some one stays longer than their visa lets say to about 2
months after the visa expires what can that do me later.
Lets say I want to travel to US later will that have a bad effect on getting
a tourist visa or work visa. How does the immigration here track when people
are leaving the country ? Is it from the I-94 card ?
Thank you in advance for help,

Rob
 
Old Jun 3rd 2004, 2:23 pm
  #2  
crg
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Default Re: J1 visa ending

Originally posted by Roberto
Dear Members and Experts,

My J1 visa is going to end 1st of August 2004. I plan to stay on for one
month that is the month of August as I am waiting for some papers to arrive
and I estimate that it will take that much time.
My question is if some one stays longer than their visa lets say to about 2
months after the visa expires what can that do me later.
Lets say I want to travel to US later will that have a bad effect on getting
a tourist visa or work visa. How does the immigration here track when people
are leaving the country ? Is it from the I-94 card ?
Thank you in advance for help,

Rob
If you stay more than 30 days following the end of your program you are considered out of status and subject to arrest, removal proceedings, and formal deportation. Even if you are not apprehended you still have to answer "Yes" on any immigration benefit application that asks if you've ever violated the terms of a U.S. visa.

Failing to turn in the I-94 can cause problems. You are required to turn it in. If you don't then you are still required to be able to prove that you left on time. They don't have to prove that you overstayed. You have to prove that you didn't overstay. People who have destroyed their I-94 have been caught as overstays, so there must be other ways they can find out.

You could always file a timely, non-frivolous I-539 change of status request to a become B2 visitor. Simply applying will allow you to remain in status until a decision is made. If they deny your request be prepared to depart the U.S. ASAP. An I-539 would buy you at least a couple months.
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Old Jun 4th 2004, 1:48 am
  #3  
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Default Re: J1 visa ending

Originally posted by Roberto
Dear Members and Experts,

My J1 visa is going to end 1st of August 2004. I plan to stay on for one
month

visa or status??
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Old Oct 12th 2004, 3:09 pm
  #4  
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Default Re: J1 visa ending

My j-1 visa and programme ends on the 20th of Nov. and my i-94 card says D/S. I read in a website that it is possible for me to stay for another 30 days as a post-programme to complete my work.

How do I know that I am not staying illegally after the 20th of Nov.? Do I have to tell my University that I will not leave until the 15th of Dec?

I applied for a H4 AOS using I-539. I e-filed this form and got a receipt but my online case says that it will take 60-90days for my case to be processed. Could I stay longer after filing I-539? How do I know that I will not be illegally staying here. I cannot afford to overstay as my husband and children are in the US. But they came on a H visa... I chose to come on a J-1 visa and it is a major problem..

I am also trying to secure a job at the UNiversity and can I file for a H1 visa even if my H4 visa has not been approved and I am still on J-1 visa. I still plan to leave the US on the 19th of November to avoid any future problems.
Any advice?


j1visa: 11/20/02
j-1 waiver: begin process 1/10/04
letter of no objection: 07/06/02
DOS letter of recc. received.: 07/26/04
I-539 file to change from J1- to H4:09/29/04
H1 premium processing proposed: 10/20/04


Originally Posted by crg14624
If you stay more than 30 days following the end of your program you are considered out of status and subject to arrest, removal proceedings, and formal deportation. Even if you are not apprehended you still have to answer "Yes" on any immigration benefit application that asks if you've ever violated the terms of a U.S. visa.

Failing to turn in the I-94 can cause problems. You are required to turn it in. If you don't then you are still required to be able to prove that you left on time. They don't have to prove that you overstayed. You have to prove that you didn't overstay. People who have destroyed their I-94 have been caught as overstays, so there must be other ways they can find out.

You could always file a timely, non-frivolous I-539 change of status request to a become B2 visitor. Simply applying will allow you to remain in status until a decision is made. If they deny your request be prepared to depart the U.S. ASAP. An I-539 would buy you at least a couple months.
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Old Oct 12th 2004, 3:54 pm
  #5  
crg
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Default Re: J1 visa ending

Originally Posted by midrak
My j-1 visa and programme ends on the 20th of Nov. and my i-94 card says D/S. I read in a website that it is possible for me to stay for another 30 days as a post-programme to complete my work.

How do I know that I am not staying illegally after the 20th of Nov.? Do I have to tell my University that I will not leave until the 15th of Dec?

I applied for a H4 AOS using I-539. I e-filed this form and got a receipt but my online case says that it will take 60-90days for my case to be processed. Could I stay longer after filing I-539? How do I know that I will not be illegally staying here. I cannot afford to overstay as my husband and children are in the US. But they came on a H visa... I chose to come on a J-1 visa and it is a major problem..

I am also trying to secure a job at the UNiversity and can I file for a H1 visa even if my H4 visa has not been approved and I am still on J-1 visa. I still plan to leave the US on the 19th of November to avoid any future problems.
Any advice?


j1visa: 11/20/02
j-1 waiver: begin process 1/10/04
letter of no objection: 07/06/02
DOS letter of recc. received.: 07/26/04
I-539 file to change from J1- to H4:09/29/04
H1 premium processing proposed: 10/20/04
You're in status until you get an answer about the H-4 as long as you are complying with the terms of your nonimmigrant status ie: not working
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Old Oct 12th 2004, 4:38 pm
  #6  
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Default Re: J1 visa ending

Thank you so much for responding to my questions.

Originally Posted by crg14624
You're in status until you get an answer about the H-4 as long as you are complying with the terms of your nonimmigrant status ie: not working
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