summit
08-03-2005, 03:41 PM
I called INS regarding my legal stay until J1 visa waiver is granted and they said there was no law, which regulates this issue!!!!! Does anyone have an idea or advice what could be done in the following case? I am subject to 2-year home residency requirement. My current J1 visa expires 8/15 as well as my I-94. I will have 30-day grace period after that to leave. Currently, I have my J1 visa waiver case pending at the State Department. Given they issue a favorable recommendation I will be able to apply (my employer in this case will be able to) for work permit. However, until the waiver is granted the employer cannot send the petition and I am stuck with my current visa and expiration date approaching in the speed of light. INS could not confirm that my stay until I get the waiver and could pursue with employer's petition is legal. My employer could petition now (theoretically) but they cannot do it practically until I get the waiver. Does anyone have any idea how best to work out this situation? Any advice? Thanks so much in advance. I am really desperate at this point.