How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12188
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

Can J2 still get the grace when J1 switches to H1?

This answer was rated:

Can J2 still get the grace period when J1 switches to H1?
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'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 3 years ago.

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

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 3 years ago.

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

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 3 years ago.

Thank you!

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 and 2 other Immigration Law Specialists are ready to help you
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