J1 visa (DS-2019) expiring before J1 waiver job

[palark]

Hi all

I am finishing my medical residency and am late in applying for J1 waiver jobs. My residency would be completed before I can get my J1 waiver (so my 2019 would expire before I start waiver job).
My husband is a green card holder.
My questions are:
Is there any way that I can stay here legally till I start my waiver job? and what would be the best bet?
a) On my husband's green card?
b) Applying for an O1 visa?
c) Staying using my B1/B2 visa (I have a 10-yr multiple entry visa)
d) Trying to extend my J1 (not sure if ECFMG would extend without a good reason)

Any suggestions would be highly appreciated.
Thanks

 

[pk_net]

I would say B1/B2 is the most convenient for you. You can't change your status to green card until you get the waiver.
In order to change your status, you have to leave the US then re-enter again. You cannot change your status from within the US while you still have the 2-year rule (see the 2nd page of DS-2019).

 

[simonwallace]

Remember you have 30 days "grace period" after your DS-2019 expires. That could be enough time for you to get your H1b. It's all about the letter of approval you get from INS regarding your H1b: you are in new status, you can work, etc. even if the actual H1b visa document hasn't arrived.

It is very advisable not to exceed the 30 day period, because being out of status is a big red mark in you file.

Some people have to go to their home countries until the H1b approval letter is on hand, then you can return to the US.

Even if you have a valid B1/F1 visa, your status here is J1 and you don't want to exceed that status. If you have a B1 for example, you could go to your country and then return to the US under B1 status, but I would seek legal assistance before making any big moves.

Your husbands GC is useless for this waiver/H1b process. So forget about it until your waiver period is completed... then your home free.

O visa is a possibility, but it's something you plan for, not just pull out of your sleeve. There are pretty demanding requirements and you have to demonstrate why you are an indispensable asset to the US as a physician... if you have journal articles, book chapters and grants, that might work. Still, the timing might be too tight AND.... ready?.... you DON't GET RID of your 2y-home country rule!!! You better pay you time now than later!

ECFMG will not extend your J1 unless you can prove you are enrolled for Board examinations that extends beyond the 30 day grace period... are you??

Well, good luck. Whatever you do, DO IT NOW!

 

[pk_net]

Even if you have a valid B1/F1 visa, your status here is J1 and you don't want to exceed that status. If you have a B1 for example, you could go to your country and then return to the US under B1 status, but I would seek legal assistance before making any big moves.

I would not say this is a big move. Your advantage is that you already have the B1/B2 visa. You could simply leave the US to Canada/Mexico, then return as a tourist (B1/B2). I have personally done this after my J1 expired. However, keep in mind that you are not authorized to work in the US.

 

[kitten3]

just in case

Hi all
c) Staying using my B1/B2 visa (I have a 10-yr multiple entry visa)

Any suggestions would be highly appreciated.
Thanks

You may want to check whether your B1/B2 visa is valid now.
It sounds strange to me that you have J1 visa and B1/2 visa at same time.
Your B1/2 visa could have been terminated due to your J1 acquisition. (I don't know the timeline of your B1/B2 and J1 acquisition.)
You may contact USCIS.
Don't rely on the expiration date of the B1/B2 visa sticker on your passport.
I hope that I am just worried too much.
Good luck!

 

[pk_net]

You may want to check whether your B1/B2 visa is valid now.
It sounds strange to me that you have J1 visa and B1/2 visa at same time.
Your B1/2 visa could have been terminated due to your J1 acquisition. (I don't know the timeline of your B1/B2 and J1 acquisition.)
You may contact USCIS.
Don't rely on the expiration date of the B1/B2 visa sticker on your passport.
I hope that I am just worried too much.
Good luck!

I am sure that your prior B1/B2 visa will remain valid. I was in the same situation where I have a 10-year B1/B2 visa prior to obtaining J1's. There was no problem visiting the US as tourist after my J1 expired.