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It is a complication that I would like to know the best way…

Hi! It is a...

Hi! It is a complication that I would like to know the best way to move forward I am currently on a J1 Visa with a 2 year return home rule, but I have not been here for a year and had to resign my job. So the visa will be cancelled and the agency told me I have 30-45 days left in the US.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Options:

Lawyer's Assistant: Have you talked to a lawyer about the J-1 visa?

1. Change my status from J1 to my regular B1/B2 Visa and spend some time with my family here no I havent

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

That's why I was trying to explain because there is an approved I130 existing so I was wondering if I do an adjustment of status

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Answered in 11 minutes by:
3/22/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 4 months ago
Thank you!

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You cannot change status to any other nonimmigrant visa status inside the US if 212e homerule applies.

If you have an approved I-130 you cannot file for an immigrant visa or adjustment of status without applying for the waiver.

It does not matter if you are been in the US for one day or one year on the J1. If the 2 year rule applies you must fulfill it or get a waiver.

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you! So since the agency is going to cancel the visa in a few days. The best thing is to apply for the waiver? But what happens to the J1 if I request the waiver and how do I proceed after that?

When you accepted the answer it closed the question and I was not given any notice of your follow-up question.

I am happy to answer your follow-up questions if the site notifies me.

Did you want to continue or do you prefer to keep the refund?

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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