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Changing from J1 to B2

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  • Changing from J1 to B2

    Hi all,

    My J1 visa expired on the 1st of June and I'm now in my 30 day grace period. I applied to change my J1 visa to the B2 visa in order to spend some time traveling with my brother who will be visiting the states next month. I am not subject to the 2 year home rule and I applied to change my visa on April 12th. This was at least 45 days from my expiration date on my J1 visa (June 1st).

    I'm currently a bit confused as to what happens whilst I am waiting for approval of my B2 visa. I have been told by some people that I am allowed to stay up to 240 days or until when I hear back about my approval. So does this mean that if I have not heard back by July 1st that I am still allowed to be in the United States? Also if my application is denied, does this mean that I will be in trouble for being in the United States whilst I was waiting for my visa application?

    Any help / advice is appreciated.

  • #2
    You are in lawful status as long as your COS( change of status) app is pending, even if it is past July 1st.

    If you get a denial , you must leave immediately (1-2 days) You won't get into any trouble in US as that is how it works.

    The only thing about getting a COS or extension denial past your permissible date is that it can impact
    your future applications for a B1/B2, J-1 or an F-1 visa. The visa officers at US consulates abroad don't really like
    a history of status change unless in an emergent situation.

    If you wish to apply for a B1/B2 , or another J-1 when you reach home, I would suggest you leave within your permissible limit.
    If not, then it is fine.
    Just save your COS denial and US departure boarding passes . You may need them
    when you apply for a new visa.

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