I have both J1 and B2. Can I switch?

afaruky

New Member
Hi everyone,
I got my B-2 visa last year but never used it. This year I was granted scholarship by my own goverment and got J-1 visa with 2-year rule. Currently I'm in the USA on my J-1. My program ends by the end of the February, 2013 but I want to stay 3 months more.

I know that I cannot change my status since I am objected to 2-year rule but I already have a B-2 visa. Does it make a difference or is it also accepted as a change of status and not allowed?

Thank you in advance.
 
The simplest way to stay for 3 more months is to apply with USCIS, while in the country, for change of status to B1/B2. This can be approved, even though you are subject to the 2-year rule. Change of status to H1/L1 (work visas), or adjustment of status to permanent resident is not permitted, unless you get a waiver or fulfill the 2 year home residency requirement.

I wouldn't try to re-enter on your existing B2 visa - it is probably cancelled administratively at this point.
 
If I apply for a change of status and extend my stay until USCIS decide my application and rejected in the end, would my overstay be a problem?

In case of rejection, do I have to leave the USA immediately?
 
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If I apply for a change of status and extend my stay until USCIS decide my application and rejected in the end, would my overstay be a problem?

In case of rejection, do I have to leave the USA immediately?

It will be a problem to the extent that you can't further file to change/extend your status once you get a denial. But you can depart (in fact, you have to depart) and obtain a visa outside the U.S. provided you can make a

In case of rejection - yes, you have to leave immediately (few days).
 
It's not a problem if it takes 3 months before denial because after that I'll go back to homeland country and renew my J-1 visa with a new DS-2019 form. 3-month is what I need. I hope it takes that long.

Thank you again for your help.
 
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