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My wife is here on a J-1 (w/ 2 yr home requirement). We

My wife is here...

My wife is here on a J-1 (w/ 2 yr home requirement). We filed for hardship about 1 year ago (I'm the US citizen and my daughter is a US citizen). My wife got her J-1 extended through October to complete the boards (initially expired 6/30). We are still waiting for decision... and my wife is 20 weeks pregnant

Lawyer's Assistant: What is the expiration date? Has a renewal or extension request been made?

The extension has been granted through Oct 31.

Lawyer's Assistant: Have you talked to a lawyer?

Yep just looking for other advice or other ideas... since IF our I-612 is denied what do we do? My wife can't travel in the last tri semester

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Home country is the philippines... can we extend the J-1 further due to pregenancy?

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Answered in 4 minutes by:
8/16/2017
legalgems
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 11 months ago
if denied, what are other ways to stay in the US legally; keeping in mind the pregnancy and hoping to work sooner than later? (eg. if a federal agency/hospital agrees to hire, how long would that j-1 waiver take to process along with a premium processing H1-B).
We just need an assurance on our our alternate plan if the I-612 is not approved

I'm sorry; I cannot get the information to download so I will opt out so a different contributor can assist you.

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Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So the J-1 waiver has not been approved yet? Or has it been denied?

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Customer reply replied 11 months ago
RFE was sent out in early April 2017 (initially submitted case in September 2016). We responded to the RFE on April 19, 2017.
And have had no response since then.
Customer reply replied 11 months ago
We want to be prepared for next steps in case it is denied. (our plan B)

Well, you can try to do additional extension. She also has a 30 day grace period at the end of her J-1 that she can use. Also, even if she falls out of status and begins to accrue unlawful presence in the U.S., there is no penalty to come back to the U.S. on an immigrant visa unless she reaches 180 days of unlawful presence. So as long as she leaves before 180 days of unlawful presence, there is no penalty to come back to the U.S. What I am saying is that in the end, if she isn't able to get the extension, she will have a few months of being illegal in the U.S. that will not hurt her chances to come back. Or if the waiver is approved, she can stay and you can apply for her to do Adjustment of Status and it would not matter that she is out of status because you are a U.S. Citizen.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 11 months ago
if the J-1 (DS-2019) ends on October 31 (that is the extension for the board exam), she has the 30 day grace period. That part I understand.
Are you saying that she can remain here in the US unlawfully up until 179 days without impacting her future immigration chances of coming back to the US?OR of course if approved, the the same is true? (what if 'hardship' is approved October 31, 2017 - last day of the J-1), can she remain here 181 days while waiting for adjustment? Or only the 179/180 days?You have been very helpful, by the way :)

Of coming back on an immigrant visa, correct. For coming back on a non-immigrant visa, there is no automatic penalty, but she would have to convince a visa officer that her overstay was brief reasonable and would not happen again.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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