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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7298
Experience:  Experienced in all aspects of immigration and nationality law.
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Can J2 still get the grace when J1 switches to H1?

Resolved Question:

Can J2 still get the grace period when J1 switches to H1?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX X'll be helping you with your questions today.

Yes, he can complete the J-status grace period (30 days), even if you have changed your status to H1.

Unfortunately, however, he cannot change his status to another non-immigrant status during the grace period. It is meant only to give him time to pack up and leave, not to change his status to any other status.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 9 months ago.

Is there any way he can stay longer, like another month?

Expert:  Expert James replied 9 months ago.
Wei,

I'm very sorry, but no. If he wanted to stay longer, he should have applied for a change of status before the J-2 status expired, like when you applied for the H1B.

Now he is out of status and therefore there is no basis on which to change or extend his status. I'm very sorry.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 9 months ago.

So he has to leave and come back by applying new visa, right?

Expert:  Expert James replied 9 months ago.
Correct. If he wants to come back, he cannot come back on a J-2 visa because you no longer have J-1. So he has to get another visa to be able to come back. If he is coming as your dependent, he needs to file for H-4 visa, based on your H-1B visa.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 9 months ago.

Thank you!

Expert:  Expert James replied 9 months ago.

No problem.

 

If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to <a href="http://www.justanswer.com/law/expert-jamesesq/">Ask Expert James an Immigration Question!</a> and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7298
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 2 other Immigration Law Specialists are ready to help you
Expert:  Expert James replied 9 months ago.
Hi Wei,

I'm just following up with you to see how everything is going. Were my efforts helpful?

Also, I aim to provide you with an excellent customer service experience (even if the law does not provide the outcome you desire). Was my customer service not satisfactory?

Please let me know.

Thank you,
James

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