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J1 expiring changing to h1b

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  • J1 expiring changing to h1b

    Dear All,

    I am currently holding a j1 visa for 12 month internship, that started on june 15, my visa expire may 30.
    This means I can stay in US until june 30 for the 30 day grace period.

    My company is applying for my H1b visa, and it was receive by USCIS on april 4, I do not have a case number yet.

    My concern is that I believe I should not receive a an answer until october, so I am allowed to stay in the United states working for my company until the answer comes?

    Do I need to fill out anything to protect me?


    In addition to that, I received a letter from the DMV to update my status once my visa expires they need some sort of document to leave my drivers license valid.
    Is there anything I can do about that?
    Please advise.
    Thank you so much

  • #2
    Originally posted by khazoghbi View Post
    Dear All,

    I am currently holding a j1 visa for 12 month internship, that started on june 15, my visa expire may 30.
    This means I can stay in US until june 30 for the 30 day grace period.

    My company is applying for my H1b visa, and it was receive by USCIS on april 4, I do not have a case number yet.

    My concern is that I believe I should not receive a an answer until october, so I am allowed to stay in the United states working for my company until the answer comes?

    Do I need to fill out anything to protect me?


    In addition to that, I received a letter from the DMV to update my status once my visa expires they need some sort of document to leave my drivers license valid.
    Is there anything I can do about that?
    Please advise.
    Thank you so much
    No you cannot work after May, until the beginning date of your H1. I am assuming your H1B was filed as COS, in which case you can legally stay until you hear a decision regarding the petition. If not, your stay would be illegal after your grace period ends, and you should leave the US. In any case, if possible, I would recommend that you leave the US before the end of May and wait for H1B approval. You can then re-enter the US after getting a visa stamped in your passport from your local consulate.
    Just an opinion; Not legal advice.

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