J1 - when is official expiration of I94?

V

visausagreen

Registered Users (C)
Hi, I was on a J1 which expired 7th Feb 2007, I have 30 days after this date to remain in the US, my I94 is noted D/S. My question is that if USCIS say I may change my status before my I94 expires - when does it expire - exactly 30 days after my J visa expired ie 7th March??? Thanks to anyone that can answer this question.
 
In your case, it's your status that expires on 7th March. I assume you mean that your DS-2019 expired on Feb 7, not your visa, because your visa doesn't matter once you are inside the US.

You are still considered in status for the 30 day grace period that ends on March 7. Afterwards, you will be out of status. Since your card is D/S, and your status expires on March 7, then you must file a non-fraudulent adjustment application before that date in order to remain in favorable circumstances. You will not accrue unlawful presence after March 7 even if you do not file for adjustment, but if you try to do anything with USCIS after March 7, they will notify you of your falling out-of-status and you will begin accruing unlawful presence on the day you receive that notification. So submit whatever you are planning to do before March 7. Again, it's not your visa but your DS-2019 that tells you when your status expires.
 
I94 D/s

Thanks for replying in such an informative manner! I have an application for an E2 visa currently in premium processing - I wanted to make sure I still had time to apply for something else if it was denied! I just wondered how come I didn't accrue unlawful status after 7th March?? Thanks!
 
You don't accrue unlawful presence because there is no expiration date on your I-94. It only says "duration of status". Therefore, a legal determination must be made that you are no longer in status. Of course, this doesn't mean that it's okay to stay out of status until they find out, because you are out of status even if they don't find out. But USCIS must declare it for holders of D/S I-94s in order for unlawful presence to start accruing. "Out of Status" and "unlawful presence" are separate concepts for USCIS. For example, if you file for an adjustment before March 7, you will still be "out of status" after March 7, but you will be "lawfully present" due to a pending adjustment application that you filed while still in status - so will still be legally in the US. It's a bit complicated but I hope I clarified it a bit.
 
however, if you get a denial of E2 change of status application after March 7+30 day grace period, that may actually mean that you have started accruing illegal presense.
 
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