What happens if my j1 expires before h1b approved?

[LamieJamie 0]

I'm currently on a temp j1 visa for 6 months, I just started so I basically have the full 6 months. I am not subject to the 2 year home residency requirement. My employer has immediately started my h1b petition and I am cap-exempt, I am also paying for premium processing. But with the coronavirus outbreak, I am worried about the possibility of my approval taking longer than average. What happens to me if my visa expires before my h1b is approved but the process is already started? 
 

I tried to call uscis but I could not get a hold of anyone. 
 

Thank you in advance. 

[fs2439 46]

Are you doing consular processing or adjustment of status?

[LamieJamie 0]

28 minutes ago, fs2439 said:

Are you doing consular processing or adjustment of status?

I'm sorry, I'm actually not sure. Can you tell me what the difference would be for both? 

Edited March 26, 2020 by LamieJamie

[LamieJamie 0]

11 minutes ago, LamieJamie said:

I'm sorry, I'm actually not sure. Can you tell me what the difference would be for both? 

 

36 minutes ago, fs2439 said:

Are you doing consular processing or adjustment of status?

Actually I am adjustment of status, sorry for the confusion. 

[fs2439 46]

This is unchartered territory. I think you'll be fine but can't be sure. My AOas is very delayed because I cant do biometrics (step 1)

[arken 4,197]

You are not doing adjustment of status but  change of status. 
 

If your h1b is approved before j1 expiry or within 30 days grace period after J1 expiry,  you will be fine.

 

If it is still pending past the 30 days of your j1 expiry, my understanding is uscis will deny the change of status and send it for consular processing if approved since you wouldn’t have any valid status and you have to leave US for consular processing. 

[xyz12345 260]

21 hours ago, LamieJamie said:

I'm currently on a temp j1 visa for 6 months, I just started so I basically have the full 6 months. I am not subject to the 2 year home residency requirement. My employer has immediately started my h1b petition and I am cap-exempt, I am also paying for premium processing. But with the coronavirus outbreak, I am worried about the possibility of my approval taking longer than average. What happens to me if my visa expires before my h1b is approved but the process is already started? 
 

I tried to call uscis but I could not get a hold of anyone. 
 

Thank you in advance. 

 

5 hours ago, arken said:

You are not doing adjustment of status but  change of status. 
 

If your h1b is approved before j1 expiry or within 30 days grace period after J1 expiry,  you will be fine.

 

If it is still pending past the 30 days of your j1 expiry, my understanding is uscis will deny the change of status and send it for consular processing if approved since you wouldn’t have any valid status and you have to leave US for consular processing. 

You should be fine. You have basically 7 months vs 15 days premium processing, even if USCIS temporarily suspended premium processing as of March 20. If your applic had been submitted before then, they'll process it.

 

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

 

One thing you have to confirm is which box your future employer checked -- whether consular processing or change of status... acc to the following article

 

https://immigrationanswerman.com/2017/05/16/i-was-chosen-in-the-h-1b-lottery-but-my-j-1-is-expiring-in-june-can-i-stay-in-the-us-till-october/

Edited March 26, 2020 by xyz12345

[LamieJamie 0]

7 minutes ago, xyz12345 said:

 

You should be fine. You have basically 7 months vs 15 days premium processing, even if USCIS temporarily suspended premium processing as of March 20. If your applic had been submitted before then, they'll process it.

 

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

 

One thing you have to confirm is which box your future employer checked -- whether consular processing or change of status... acc to the following article

 

https://immigrationanswerman.com/2017/05/16/i-was-chosen-in-the-h-1b-lottery-but-my-j-1-is-expiring-in-june-can-i-stay-in-the-us-till-october/

 

They definitely chose the change of status because they didn't want me to leave the us. Also I am cap exempt, and I'm pretty sure the premium processing is only suspended for those who aren't cap-exempt. At least that's what I've read. 

[LamieJamie 0]

18 minutes ago, xyz12345 said:

 

You should be fine. You have basically 7 months vs 15 days premium processing, even if USCIS temporarily suspended premium processing as of March 20. If your applic had been submitted before then, they'll process it.

 

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

 

One thing you have to confirm is which box your future employer checked -- whether consular processing or change of status... acc to the following article

 

https://immigrationanswerman.com/2017/05/16/i-was-chosen-in-the-h-1b-lottery-but-my-j-1-is-expiring-in-june-can-i-stay-in-the-us-till-october/

Well, #######. I just read that even cap-exempt are included in this suspension now. I'm sure we didn't apply before the 20th. So I'll likely get a refund. Also it says they are accepting the I-907 but, I'm guessing it's too late for that if the application has already been submitted. Their website says it generally takes 8.5-11 months! Now I'm very worried. 

[xyz12345 260]

9 minutes ago, LamieJamie said:

Well, #######. I just read that even cap-exempt are included in this suspension now. I'm sure we didn't apply before the 20th. So I'll likely get a refund. Also it says they are accepting the I-907 but, I'm guessing it's too late for that if the application has already been submitted. Their website says it generally takes 8.5-11 months! Now I'm very worried. 

 

Your application can be upgraded to premium processing when everything goes back to normal. Check the instructions for I-907

https://www.uscis.gov/i-907

 

[Boiler 45,482]

Any time lines quoted at the moment should be taken with a bucket of salt.

 

Change of status is what you are going through, now the downside is you end up landlocked, any trip abroad and you will need to obtain a visa to return.

[palvi07 7]

On 3/26/2020 at 12:34 PM, LamieJamie said:

Well, #######. I just read that even cap-exempt are included in this suspension now. I'm sure we didn't apply before the 20th. So I'll likely get a refund. Also it says they are accepting the I-907 but, I'm guessing it's too late for that if the application has already been submitted. Their website says it generally takes 8.5-11 months! Now I'm very worried. 

Hi @LamieJamie, Just checking how long did it take for you to change the status from J1 to H1B. Thank you!