J1 waiver while on H4 and statement of reason

[mins]

Hi,

I am currently in USA on H4 and have filed for I-485. I already have my EAD and AP in hand. I had previously cme to USA and was subjected to 2yr HRR, which i havent completed yet. I read in one of the threads in this forum that one should not get H4 untill one has met the 2yr HRR or have got the waiver (which also i havent got yet). Does it mean that i have got the H4 by mistake?

Assuming that i have got the H4 by mistake I have stated the process of applying for J1 waiver on the basis of NOS. As i have heard without the waiver my I 485 will also get denied. While filling out the DS 3035 form it asks for a statement of reason.What should i write in the statement of reason? Should i write i want the waiver as i have filed for I485? Or should i just write as i again want to go back to research/work and s t allow me to change the status i want a waiver?

Please advice

Thanks

[vectorP]

As a J1 visa holder before and subjected to 2yr HRR, you should not change to H visa. It may be USICS' mistake or USCIS did not know your were subjected to 2yr HRR. Without J1 waiver approval, your I-485 will be rejected.

For J1 waiver application with form DS-3035, the most usful reason is "NO Objection". Your country’s embassy in Washington DC can indicate in a direct letter to the U.S. Department of State that it has no objection to your receiving a waiver, or the foreign ministry in your capital at home can send a similar letter to the United States embassy there. This waiver is not available to the alien who came to the United States as an exchange visitor to receive graduate medical education or training. See http://www.greencardapply.com/j1/j1_waiver.htm

[mins]

Thank you VectorP for your response.

Now that i have already applied for the AOS, can i still apply for the J1 waiver, without affecting my I-485 application and my current H4 status? What should be my next step or how should i proceed now without my getting into trouble?

My dates for AOS approval are not current right now and also the next month and i also have the "No Objection letters" from my home country, which i need to send to the indian consulate here to get the final "No Objection Statement". Do you think i can go ahead and get the waiver before my dates become current?