extension of stay for J1

[ardnivar]

What is the name of your state? NC

Dear forum users,
My wife is on her last J1 academic training extension (expires 15th Aug). Her J1 carries the home residency requirement (HRR). She is pregnant and the expected delivery date is around Aug 10th. She does have a 30 day grace period (i.e until Sept 15th) to leave the country.
Is it possible for us to legally request USCIS to grant some addition time (an extension) for her to stay on after Sept 15? Even a short extension for a month or two will do as the concern is to have my wife fully recover after birth (takes about 6 weeks) and for the baby to have it`s initial vaccination and pediatric care here until it`s a couple of months old.
Is there any special medical provision for requesting such an extension of stay? Based upon the long duration of travel time (flight+bus with no delays = 36 hours) and the lack of decent medical infrastructure in our home country our doctor, here can write us a note recommending such a stay.
We would appreciate any suggestions.

Best Regards

 

[ImmigAttyLana]

You can submit a change of status request for her and show the extenuating circumstances. There is no guarantee that it would be granted but while the request is pending, she would be able to remain in the US lawfully.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ardnivar]

Thanks ImmigAttyLana,
Just a couple of questions:

Is such a change of status allowed for a J1 with an HRR? I was under the impression it wasn`t. If the answer is yes i assume i need to file a I-539. correct?

In addition i came across the following "satisfactory departure" clause on the internet which states:

§ 217.3 Maintenance of status.
top
(a) Satisfactory departure. If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien's temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days. If departure is accomplished during that period, the alien is to be regarded as having satisfactorily accomplished the visit without overstaying the allotted time.

I do realize that section 217 pertains to the visa waiver program. but is it possible to use this clause in this case?

Best Regards
Ravi

 

[ImmigAttyLana]

The HRR only applies when you are trying to change status to one that allows for immigrant intent (such as H-1B, L-1, etc) or adjustment of status to permanent residence. It does not apply when trying to change status to another purely nonimmigrant status such as B-1/B-2, F-1, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ardnivar]

Extension of stay for J1

Thanks again Lana,

In the documentation for form I-539 there is the following paragraph:

"NOTE: A J-1 exchange visitor whose status is for the purposeof receiving graduate medical education or training, who hasnot received the appropriate waiver, is ineligible for anychange of status. Also, a J-1 subject to the foreign residencerequirement, who has not received a waiver of that requirement, is only eligible for a change of status to A or G."

My concern is whether my wife is eligible to file for this change of status to a tourist (within the US). As you`ve already clarified it doesn`t matter if the application finally gets denied since that already gives us at least a couple of months.

Best regards

 

[ImmigAttyLana]

But you did not indicate that she is a foreign medical graduate/trainee so this would not apply to her. IS she?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ardnivar]

Hi Lana,
She`s not a medical graduate/trainee. I was looking at the second sentence which seems to be referring to all J1s.

Best regards
Ravi

 

[ImmigAttyLana]

This is not so. She can apply for a change of status to several different nonimmigrant classifications. Of course there is no guarantee that it will be approved but you can still try to apply. Also, if ultimately she wants to obtain a waiver of the 2 year HRR, then you can start working on that as well.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ardnivar]

Extension of stay for J1

Thanks Lana
For your prompt responses. It was a great help. I will file the I-539 (J1-B2 visitor) attaching my doctors note.

Best regards
Ravi