J1 work experience to H1 - 3 week gap in visa

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visausagreen

Registered Users (C)
Hello, urgent advise needed:

I am on a J1 visa currently working, my visa expires on 3rd March, my employer has agreed to sponsor me for H1 but of course he cannot apply until April 1st when I beleive I would be legal to stay in the US while it is pending for work starting on October 31st? There must be a way I can stay in the US for the three week gap between my J visa expiry (7th March) and the application for H1 (1st April) - also I will have a gap if my H1 is approved and the H1 start date in October. Is it possible to apply for a Tourist or Business visa or get an extention of stay on my I-94? to cover this period - I realise I will not be able to work.
 
Don't you have 30 days grace period on J1 ?

Anyway, you most likely need other status since H1 may be approved before Oct 1, which puts you out of status unless you have some legal status.
 
Last edited by a moderator:
To GotPR

Thank you for replying to my post. My J visa expires 7th Feb and I have until 7th March! I need to remain legal in the US until the new H1 quota is available to I can be legal to stay while H1 is processing. I thought I could ask for an extension of my stay - is this possible? Or any ideas which status/visa I could swop to for 3 weeks or even 6 months? Many thanks
 
I don't remember exactly, but I thought J1 is limitted to max 18 months.
If it's within 18 months, you may be able to extend.
 
To GotPR

My J1 was for 24 months expiring on 7th Feb so I have until 7th March - I was thinking of going to the local USCIS office and asking for an extension of stay on my I-94 - quote from Department of State Web Site

"Permission to enter and/or remain in the U.S. and extensions of stay in this country are granted by the Department of Homeland Security (DHS). If you came to the U.S. on a nonimmigrant visa, and you want to extend your stay in the U.S., then you must ask for permission from DHS’s United States Citizenship and Immigration Services (USCIS) before your authorized stay expires. If you have a date on your Form I-94, you should apply for your extension of stay with USCIS well in advance of its expiration"

Do you have any experience of this at all?
 
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