If O1B visa is denied - how long do I have to leave the US?

[EvaIrish 0]

Hello,

I'm new to this site, so hopefully I can get some answers here.

I'm mid-application for an O1B visa - I'm currently here in the United States on a year-long J1. I applied while my J1 was still valid, and now I'm officially between visas. My work is sponsoring my new visa.

If my visa application is denied - and I should know some time in September - how long do I have before I have to return to my home country? Is it days, or weeks?

Thanks for any info you can give.

Eva.

[Janelle2002 3,865]

Is your J-1 for research or as an exchange student?

[Hypnos 6,578]

I believe that if a change or extension of status is denied then you are given 30 days to depart the US.

[EvaIrish 0]

Thanks for the replies.

I was (am) here on the work / internship J1, which expired in mid-April of this year. My employer wants me to stay on, and she is petitioning for me.

30 days seems reasonable enough (I'm just preparing for the worst!). Do you know if I'll have trouble visiting the US (without the intention to stay illegally) on holidays in the future, if it is denied? I have no intention of trying to stay on illegally, as I want to be able to come and go in the future.

Thanks!

[Janelle2002 3,865]

Maybe you should consider having a university to take over your J-1 and do some research or maybe switch over to a F-1 and enter a community college or a university.

But 30days is all you will have after your DS2019 expires, not the date of the visa stamp. The DS2019 has the most important date on it. But since you are filling for an extension, you will have 30 days after you are denied.

Definitely don't over stay. It will mess up or make it a lot more difficult for you to come back on any other type of visa.

[EvaIrish 0]

Thanks Janelle.

I've already overstayed the J1 - it expired in mid-April, but I was advised by an immigration officer to stay here until I get an answer on the O1B. She said it wouldn't matter as I was 'between' visas.

And I'd love to afford to enroll in a university here, but I don't think it's possible!

I'll simply sign off on a great 18 months, if it happens.

You might know - I have another Q on this site - am I allowed to fly domestically between NYC and Chicago while I'm waiting for this decision? I plan to go in July. My Irish passport is valid, but the J1 inside is obviously expired.

[Janelle2002 3,865]

Thanks Janelle.

I've already overstayed the J1 - it expired in mid-April, but I was advised by an immigration officer to stay here until I get an answer on the O1B. She said it wouldn't matter as I was 'between' visas.

And I'd love to afford to enroll in a university here, but I don't think it's possible!

I'll simply sign off on a great 18 months, if it happens.

You might know - I have another Q on this site - am I allowed to fly domestically between NYC and Chicago while I'm waiting for this decision? I plan to go in July. My Irish passport is valid, but the J1 inside is obviously expired.

Hello, This is a question I do not have the answer to. Being that you are not flying internationally, I do not see it as being a problem. You might want to take something that will show proof you are in between visas. You may also want to contact the airlines you plan to fly with for verification. You might have to end up taking a bus. Might be a safer route.

[TBoneTX 46,021]

Thread from 2013 is now closed to further comment.

A recent post has been split from this thread, left in the General Immigration Discussion forum, and given this topic title: "Advice on Transition from J-1 to O-1B? [split topic]."