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Jasmin27

Junior Member
Im here on a J1 Visa. 2 year rule does not apply. My visa will expire on nov 9th after I'm in a 30 day grace period until dec 9th. I would like to study here now. I'm already in touch with the college i want to study. They told me to do an I 539. School will start January. Im pretty sure I will not get an answer from the visa that quick. The lady from the college told me that I can start school while my visa is pending, is that true? What happens if the denied my I 539 for the F1? That time after my current visa expire to the time I will get an answer does those days count as overstay? Can I get in trouble in the past?

I'm thinking about returning home before my current visa expire and apply from there. Let's say may current visa expire in nov (without grace period) would I be able to apply in Dec from my home country for an F1 ?

I really appreciate if someone could help me!!!
 

LdiJ

Senior Member
Im here on a J1 Visa. 2 year rule does not apply. My visa will expire on nov 9th after I'm in a 30 day grace period until dec 9th. I would like to study here now. I'm already in touch with the college i want to study. They told me to do an I 539. School will start January. Im pretty sure I will not get an answer from the visa that quick. The lady from the college told me that I can start school while my visa is pending, is that true? What happens if the denied my I 539 for the F1? That time after my current visa expire to the time I will get an answer does those days count as overstay? Can I get in trouble in the past?

I'm thinking about returning home before my current visa expire and apply from there. Let's say may current visa expire in nov (without grace period) would I be able to apply in Dec from my home country for an F1 ?

I really appreciate if someone could help me!!!

Yes, you would be able to apply from your home country for an F1 visa.
 

FlyingRon

Senior Member
You may start school with the F-1 pending since you legally entered in the US. If for some reason you are determined not to be eligible, you will be held to be illegally present back to the date your J-1 program ended (NOT when you applied, NOT the end of the thirty day travel period).

Yes, as you were told, you can go home and apply for the F-1 from there. While you are out of status the day the J-1 program ends, as long as you leave during the 30 day travel period (and don't work or otherwise violate the rules), it won't count against you going forward.
 

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