Hello, My name is David, and I came to the USA with a J1 on august 2005 visa, which was stamped until august 2010 in my passport. 212 does not apply in my J1 visa, but my ds-2019 expired in january 2007. I tryed to apply for a H3 and the peticion was denied. what can I do Now? what are my opions in order to get a new status. Am I in Unlawfull presence now? Can I request an extention of my J1?
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from j1 to h3 visa / h3 was denied. help!
- Thread starter athe_22
- Start date
Hello, My name is David, and I came to the USA with a J1 on august 2005 visa, which was stamped until august 2010 in my passport. 212 does not apply in my J1 visa, but my ds-2019 expired in january 2007. I tryed to apply for a H3 and the peticion was denied. what can I do Now? what are my opions in order to get a new status. Am I in Unlawfull presence now? Can I request an extention of my J1?
The expiration date on your visa stamp (2010) has nothing to do with your status. Your status will be expired according to the DS2019 (01/2007). You have one month grace period to leave the US or you will be out of status. Being filed H3 will not give you legal status. You can not extend the J by yourself, the sponsor should do that for you and upon approval an extension DS will be created for you and this should be done sometimes ago before the expiration date of the DS NOT the stamp in the passport. since you are out of status now I do not know if your sponsor still can extend it for you or not. waiting for other comments. This is my personal opinion based on limited knowledge.