J-1 to B-2 query

Route1

Hi guys currently on a J-1 visa in the US. My official expiration date is 13th of August, I however received a phone call from Irish International immigration center last week to inform me that my visa would on July 18th, i.e. giving me 30 days so until August 18th to leave the country. I however, want to remain on a B-2 visa. Wondering will I be in good standing and not incur a travel ban if I apply tomorrow 29th of July. And does anyone have any advice?

whomitconcerns

Do you already have a B2 visa, your op is not clear?

Secondly you need to check with a lawyer, this is not something you want to get wrong.

Route1

No I do not have a B2 currently. I was on J-1 visa, however CIEE have shortened it and I’m currently in my grace period to leave the country. I want to apply for a B-2 ASAP.

whomitconcerns

the burden of proof that you will need to show to say that you are not trying to get a b2 to allow yourself continue working is probably not worth it. And you will have a lens on you for everything in your application. Would you not be better off coming back to ireland and then going back over on a visa waiver? If you are Irish you wont generally need a B2.

You do realise J1 allows you work, B2 doesnt, just to be on the safe side? (this is why its not straightforward)

circular flexing

Generally, those who qualify for VWP won't be granted a B2. You need to show strong ties to your home country and this is acutally quite hard to do. If you do apply for a B2 and are refused then you won't be able to use the VWP for a while. Best course of action is to return to Ireland and re-enter on VWP with a return ticket.

ReturningForY

I think what you're alluding to is filing for change of status from J-1 to B-2 with USCIS. In general this is something that can be done. I have a friend, who is from a non-VWP country, who did this 2 years ago. Their change of status application took about 3 months during which they were legally allowed to stay here, and it was approved so they ended up extending their stay in the US for 5 months total.

In your case though, filing for change of status doesn't really make sense because you're from a VWP country and so you can avoid the expense and uncertainty of the application. I actually think that, given the anti-immigrant horror show that USCIS is nowadays under Trump, your chances of a change of status being denied is much higher than your chances of being denied entry at the border under the VWP.

So, as others have advised, you should just leave the US and seek re-admission under the visa waiver program. You don't have to go back to Ireland. It will be cheaper and probably more interesting for you to go to Canada or Mexico for a week's vacation, and then come back. I have a different friend who was in F-1 status for about 6 years, and recently did this (via Mexico City) in order to come back for 3 months on the VWP to wrap some things up.