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Thanks in advance for any advice you can offer.
My boyfriend has now overstayed on his J1visa (trainee) for two years. The visa didn't have a two year foreign residency requirement, his I-94 form stated "Duration of Status" instead of any expiration date, and he is still working for the same employer who initially sponsored him back in 2007.
He went to an immigration lawyer, who told him he is technically not out-of-status because he's still in the same job but just needs to return to his home country and re-apply for a different type of J1visa, however we've been reading some information that contradicts this advice. Our question, therefore, is: if he exits the US, would he be denied re-entry due to his lengthy overstay, or could he just re-validate his J1visa? Also, why does USCIS mark I-94 forms with "D/S" rather than with an expiration date?
Thanks again.
My boyfriend has now overstayed on his J1visa (trainee) for two years. The visa didn't have a two year foreign residency requirement, his I-94 form stated "Duration of Status" instead of any expiration date, and he is still working for the same employer who initially sponsored him back in 2007.
He went to an immigration lawyer, who told him he is technically not out-of-status because he's still in the same job but just needs to return to his home country and re-apply for a different type of J1visa, however we've been reading some information that contradicts this advice. Our question, therefore, is: if he exits the US, would he be denied re-entry due to his lengthy overstay, or could he just re-validate his J1visa? Also, why does USCIS mark I-94 forms with "D/S" rather than with an expiration date?
Thanks again.
