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Just 1 more month for I-797 approval notice! Do I have to leave then?

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  • Just 1 more month for I-797 approval notice! Do I have to leave then?

    Hi there!

    I am in an uncomfortable situation and need advice.

    My J1 visa expires tomorrow but I have 30 more days to stay lawfully in the US, thanks to the "grace period". I've already sent my COS application to the USCIS and received my I-797 receipt, which emphasizes that "this notice does not grant any immigration status or benefit". I know that I have to wait for a I-797 approval notice, which allows me to keep on staying in the US.
    At the moment, I believe that I have to leave the country by 01/02/2016 unless I'll receive the approval notice in the next 30 days. Is that so? Because I just read that unlawful presence will not begin until U.S. Citizenship and Immigration Services (USCIS) or another relevant government authority makes a formal determination that I am here unlawfully. I am uncertain if that statement is true.

    Any information or advice to this topic is highly appreciated!

    Thanks in advance
    Lindy

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