Am I considered to overstay with my previous visa and for how many days? 7 Answers as of January 18, 2011

I came to US on OCT 09 with a J1 visa valid for one year, no 2 year rule. Visa was canceled due to termination of employment after 2 months (Dec 09). Continued to stay in the US and filed for change of status from J1 to F1 on June 15 2010. Change of status was approved on July 31st by the USCIS. I have started and completed one semester at the university. Am I considered to have overstayed with my J1 visa and if so is it more than 180 days?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you remained in the U.S. after your J was terminated then yes you overstayed but J and F do not accumulate "unlawful presence" unless USCIS terminates the status. The fact that your F-1 was approved as a change of status without requiring you to go overseas MAY mean this was excused as being through no fault of your own. Which rule governs depends on what you are trying to do. You are in status now so should not have a problem changing or extending status. If you are applying for employment-based permanent residency or certain types of family-based permanent residencies then your exact dates would need to be analyzed more carefully. If you would like a consultation on your specific case contact me as indicated below.

We do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answer Applies to: California
Replied: 1/18/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
No, you haven't overstayed since your application to change status was approved.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Could be 180 days or so but if no one is raising the issue, why worry (at least for right now)?
Answer Applies to: Virginia
Replied: 1/13/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If USCIS approved your change of status you are fine and you shouldnt have any issue with overstaying.
Answer Applies to: Florida
Replied: 1/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If your change of status from J1 to F1 was approved they you have not overstayed your J1 visa status since your status was changed to F1. You did not accrue any unlawful presence during the time you left your J1 employment and your F1 change of status was approved since your J1 I-94 date had not expired.

Being out of status and being unlawfully present are not the same thing. It appears you were out of status when you filed for your F1 change of status since you stopped working for your J1 sponsor in December 2009 and did not file your F1 change of status until June 2010. While your J1 I-94 had not expired, you were no longer in status once you stopped working for the J1 sponsor. If the USCIS was aware that you had stopped working in December 2009 they would likely not have approved your change of status. This issue can come up in the future if you file to change status, extend your current status, or apply for an F1 visa.
Answer Applies to: California
Replied: 1/11/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Yes and no. It looks like there might have been a period where your status was not entirely legal, but because you came on a J-1 visa and had a D/S on your I-94, you do not accrue unlawful presence so the answer is most likely no. I say most likely because I haven't seen any of your documents. Also, as USCIS permitted the change of status, it appears they agree with my analysis.
    Answer Applies to: Virginia
    Replied: 1/11/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    The answer is yes.
    Answer Applies to: Florida
    Replied: 1/10/2011
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