Have J1 as well as Multiple entry B1 , can i stay beyond J1 date?

[drshirke]

I am going to baltimore for a certification program for 2 weeks.the J1 expires on the last day of the program.I also have a B1 multiple entry valid till 2020 .
Can i stay for around a months time after the J1 expires ?
I believe the J1 by itself has a grace period of 30 days after expiry, is there any other way rather than utilising the grace period?

Thanks !
Prashant

[kabkaba]

Duration of stay is according to I-94 given at the port of entry. If J1 I-94 has a date, you must leave the US before that date. If I-94 says D/S (most likely), you will be allowed to stay as long as your exchange program + grace period if any. Having valid or expired Visas does not determine duration of stay.
If you want to stay beyond your allowed J1 status, you will need to file form I-539 with the USCIS before your J1 status ends or leave the US and return with Visitor Visa. Generally this is not recommended, since I-539 takes 2-3 months for a decision and illegal stay is counted from I-94 end date.

[drshirke]

Thanks Kabkaba !

Was wondering , if i can enter using the B1 , which typically has a 6 months stay or simply use the grace period ,as i would require around 20 days beyond the J1 expiry.Cos as you said the I 539 would take a long time & the e filing is not allowed if you are not staying in the US.

Thanks a lot for your time !

[kabkaba]

If you have a valid Business or tourist reason for using your Visitor Visa you can do that. 6 months is not guaranteed, you may be asked to show your itinerary or business meeting plan etc. Also, if you enter in B1 status you will not be allowed to go through your J1 exchange program.
I-539 is for a foreigner present in the US, for somebody outside the US there is no status to change of extend. If you are sure the grace period is 30 days (you can ask the program's designate official about it) then there is no harm in using it. Again the grace period will start from end date of the program as per your DS form and not the Visa.

[drshirke]

Thanks for your valuable input !