Immigration Issues/J2 to H1

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Question
Hi,
I was on J2 Visa (dependent of my spouse's J1 Visa) and was working in anon-profit organization on EAD. My EAD expired on 31st August, 2009 (my spouse's J1 was valid till August 31, 2009). I applied for my independent H-1B and my case got approved and the approval date is from October 1st, 2009. My question is, Can I legally stay in USA till September 30th, 2009. My old I-94 says that validity is til D/S.
Urgent opinion is requested.

Thanks

Answer
Hi,

There is a 30-day grace period in J visa status. Thus, you are able to remain legally in the U.S. for the month of September, although you cannot be employed in September since your EAD expired on August 31.

Hopefully the H1B approval notice states that you have been granted "change of status" effective October 01, 2009. If so, then no action is required, as you will automatically be in H1B status on October 01. If the approval notice states that only "consular notification" has been granted, you must depart the U.S. prior to October 01 and obtain H1B visa stamp from a U.S. Consulate abroad and then enter the U.S. on H1B visa status in order to be legally employed by the H1B employer.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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