J-1 until D/S?

[wildxena 0]

Hi There,

Question for my sister.

What does it mean when the I-94 form for her J-1 visa says "Class J-1 (May 25, 2010) Until D/S"?

When is her real expiration date if it says D/S?

She just received a rejection letter from INS on her H-1B dated April 26, 2011 and we are planning on filing a motion.

When will the clock start for her "out of status" status?

Need help! Thank you so much for your response and advice.

Wildxena

[EveJon 0]

Hi There,

Question for my sister.

What does it mean when the I-94 form for her J-1 visa says "Class J-1 (May 25, 2010) Until D/S"?

When is her real expiration date if it says D/S?

She just received a rejection letter from INS on her H-1B dated April 26, 2011 and we are planning on filing a motion.

When will the clock start for her "out of status" status?

Need help! Thank you so much for your response and advice.

Wildxena

I've had that visa before and so far I know D/S means until the date the DS-2019 says (form cover period), and the expiration date is the one that says on her visa. For some countries you can stay 30 days more in status, but after that you must leave. As I read here, she applied for a H1B visa and it was rejected, so I think she just have to leave the country. By the way, when did she apply for the H1B visa? Did she request an extension of her visa? I think she is out of status already...

[Little_My 464]

D/S means Duration of Stay. It means that as long as her J-1 is valid, and she maintains her status as a student / exchange visitor according to the visa requirements, she is authorized to be in the US. The visa expiration date on the actual visa in her passport is irrelevant in terms of when she has to leave the US - it only tells her until when the visa is valid for entry.

After she has finished her exchange period (determined by the date on her DS-2019), she has a period of 30 days to stay in the US to get her affairs in order, travel, etc. before she has to leave. So the end date on her D/S-2019+30 days is her duration of authorized stay.

When was the end date of her DS-2019? Usually, if one appeals a visa decision, the person is authorized to stay in the US for the period when the appeal is being processed. I don't know what the appeal process is for H-1B, so unfortunately can't help with that..

[Harsh_77 718]

Little_My is correct over the other poster, her duration of stay is until the time she maintains her student status + 30 days.

Maybe someone who has transferred from J1 to H1 can help, but to my understanding, you cannot do that as you entered as a exchange student and you are required to return back to your home country.

Still interested they are required to file for H1 from their home country.