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Travel after COS from H1b to J

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  • Travel after COS from H1b to J

    I might be one of a minority here, but I changed from H1B to J 1 visa while graduating from a medical residency to a fellowship program I was greatly interested in. The USCIS delayed my starting date by a month due to an inordinate delay in processing my I 539.
    My wife is on an H1B and is in her second year of a 3 year residency program.

    We plan to travel to India, our home country in October this year. Given all the trouble we had with the delay in I 539 processing, I was wondering if it is safe for me to go to India at all for my J stamping, since it is not s dual intent visa unlike my initial H1.


  • #2
    Once you leave the US, your pending I-539 becomes irrelevant. All you need to do is apply for J1 Visa and enter in that status. There is always a small risk in J1 application because of immigrant intent.
    This is my opinion and not legal advice.