El Cajon, CA Immigration Law Firms & Lawyers

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.