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Change status - J1 to valid B2 while still in US

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  • Change status - J1 to valid B2 while still in US

    Au pair came to US on J1 Exchange Visa. My I-94 says its valid until D/S. My J1 visa itself (in my passport) says valid until September 2017. I do not have the 2 year residency requirement.

    After 3 months, my host family in Los Angeles fired me and my last day of work was December 13. My sponsor company is giving me 2 weeks (3 days left) to find another host family, but there are no families available in LA. I want to stay in LA, so it seems like the only way I can do that is to change status. I do have a valid B1/B2 visa which expires in 5 years, from when I traveled to US 5 years ago. Am I able to change status to B2 while staying in United States with I-539 form? What is recommended?

    Thanks for your help!

  • #2
    Originally posted by bigleiznuh View Post
    Au pair came to US on J1 Exchange Visa. My I-94 says its valid until D/S. My J1 visa itself (in my passport) says valid until September 2017. I do not have the 2 year residency requirement.

    After 3 months, my host family in Los Angeles fired me and my last day of work was December 13. My sponsor company is giving me 2 weeks (3 days left) to find another host family, but there are no families available in LA. I want to stay in LA, so it seems like the only way I can do that is to change status. I do have a valid B1/B2 visa which expires in 5 years, from when I traveled to US 5 years ago. Am I able to change status to B2 while staying in United States with I-539 form? What is recommended?

    Thanks for your help!
    Consult a lawyer ASAP as to what your options are. Your status is typically what you were admitted under, which seems to be J-1. You can't just re-use a visa you have in the passport because it's there. I-539 is the form to change status, but I will reiterate - talk to an immigration attorney ASAP.

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    • #3
      Your B2 visa is completely irrelevant because US visas are solely for entering the US, and you are not entering.

      Yes, you can apply for Change of Status with I-539.

      This is my personal opinion and is not to be construed as legal advice.

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