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I entered US as J1 visa, and now I got approve for waiver 2…

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I entered US as J1...
I entered US as J1 visa, and now I got approve for waiver 2 years foreign residence requirements. My J1 program will be expire on July 11,2010. I will need to apply my master degree in the school now. My questions is here .<br />1) During the grace period after July 11 to Aug 10,2010, can i still submit I-539 for change my status to F1? My master program will start Sep 4,2010.   <br />2) Is there difference, if i submit before July 11 or during the grace period? <br />3) how do i show uscis i am under 30days grace period when i submitted I-539? <br />4) Same as question 1, if i submit I539 to uscis before, am i legal to stay until it approve? or i am out of stutus from Aug 10 to Sep 4?<br />5) If i submit I 539, do they need original DS 2019? <br /> 6) During applying for waiver 2 yrs of my J1, i applied a master school for showing uscis that the school i will be attend later on. Now, if i want to choose another school for I539, its like certificate/graduate level program school, can i ? or i have to chose the one before?<br />7) Last questions here, i am live in PA, and now the school i am apllying in California, do i submit to california center or Vermont service center for my I-539?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 2 hours by:
6/26/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,055
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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1) During the grace period after July 11 to Aug 10,2010, can i still submit I-539 for change my status to F1? My master program will start Sep 4,2010.

NO, a J1 cannot apply for a change of status during their grace perios.

 

<br />2) Is there difference, if i submit before July 11 or during the grace period?

You cannot apply for a change of status before your grace period unless your new start date or period of stay will be on or before July 11th.

 

<br />3) how do i show uscis i am under 30days grace period when i submitted I-539?

They would know based on your DS 2019.

 

<br />4) Same as question 1, if i submit I539 to uscis before, am i legal to stay until it approve? or i am out of stutus from Aug 10 to Sep 4?<br />

You would be out of status b/t the date your J1 ends and the date your new program starts. Therefore they will not approve your COS.

 

5) If i submit I 539, do they need original DS 2019? <br />

No, they accept a photocopy.

 

6) During applying for waiver 2 yrs of my J1, i applied a master school for showing uscis that the school i will be attend later on. Now, if i want to choose another school for I539, its like certificate/graduate level program school, can i ? or i have to chose the one before?<br />

You can change your choice of schools.

 

7) Last questions here, i am live in PA, and now the school i am apllying in California, do i submit to california center or Vermont service center for my I-539?

 

You would submit the I-539 at the service center which covers your place of residence at the time you file it.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago

Woops, sorry, i forgot say, My J-1 waiver already got approve.

and my program will be end of July, 11, 2010. can i still submit I-539 for change my status to F1 after July 11, 2010? or after July 11,in grace period?

 

My master program will start Sep 4,2010.

Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

Yes, I understand your waiver was approved.

A J1 must apply for COS before their grace period. They are not allowed any extension or change of status during the grace period.

However you don't qualify for a COS because you must be in status between 07/11/10 and when the new program starts 09/4/10. You will have to leave at the end of your 30 day grace period and apply for the F1 in your home country.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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