If I’m already in the US under a J1 visa and want to change it to student status and my current visa expires in the meantime, will I become illegal?
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If I’m already in the US under a J1 visa and want to change it to student status and my current visa expires in the meantime, will I become illegal?
Asked on July 7, 2014 under Immigration Law, California
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you are in J-1 status, your I-94 probably does not have a definitive expiration date but indicates D/S for duration of status. That means that you are permitted to remain in the US for as long as you maintain valid J-1 status. The visa itself is of no consequence for purposes of determining your authorized period of stay in the US; it is for entry purposes only and the I-94 determines the authorized period of stay. As long as you apply to change your status to F-1 student while you are in valid J-1 status, you should be all right.
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