H1 Stamping in Chennai--Out of Status Problem..plzz help

C

chalukya

New Member
Hi,
I am Chalukya and i am presently in USA. I came to USA in Feb 2002 on a J1 Visa, the stamp of the J1 Visa on my passport says "Bearer is not subject to two year rule. Two year rule does not apply". And also the IAP-66 Forms dont mention anything except the officer signature.

Now recently i resigned from the J1 Sponsoring company and another company filed an H1B for me. The H1B petition was approved but change of status was denied. The INS says i was out of status as i resigned the job or something and i need to go to India and get stamping done and then come back and then only i will be allowed to join the Company.

Now i am confused in this situation. My request question is "Am i subjected to the two year rule", "do i need to get the waiver","will i be denied H1B visa if i come to stamping in chennai due to out of status remark". Please help me.

Thank you
 
this is not about the 2 year rule. You should have waited until getting H1 approval before resigning J1. As soon as you resigned you were out of status, and you applied for H1 when you were out of status.
You will have to risk going to home country to get the visa stamp before even starting to work for the H1 company.
 
Originally posted by jaxen
this is not about the 2 year rule. You should have waited until getting H1 approval before resigning J1. As soon as you resigned you were out of status, and you applied for H1 when you were out of status.
You will have to risk going to home country to get the visa stamp before even starting to work for the H1 company.
Click to expand...


Hi Jaxen,

Thank you for the reply. Can i know wheather i am subject to the two year rule or not? . If i go to India and apply for stamping will they ask me the Waiver?. Please advice me.

Thank you.
Chalukya
 
You are in the wrong forum to ask Q about the 2 year waiver and the integrity of the comment about 2 Yr waiver not required...
 
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