J1 renewal stamping with pending J1 waiver

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bhakum

Registered Users (C)
Hi all,

This is for my friend who is in the following situation:

He has completed 2 yrs in J1 as a postdoc and also in the middle of J1 waiver process. He already got the case number from dept of state but has not submitted NOC from his home country. Now he is travelling to his home country (India) to get a stamping for another 2 years for the same job/postdoc position.

Will the consulate give him any trouble with the stamping since he already initiated J1 waiver? Do they ask him about J1 waiver during the stamping interview? or Can they find out easily about his J1 waiver application as he has a case number? What are his chances of getting his visa stamped in chennai consulate?

Please share your ideas/thoughts/experiences in this issue. I heard some sad stories of consulate denied J1 renewal stamping for who already in the J1 waiver process based upon "showed intentions to become an immigrant".

Thanks a lot.
 
The stories are correct. Starting the J1 waiver process shows immigrant intent. He can no longer renew his J1, get a new J1 visa stamp, or enter the US in J1 status. He can, however, remain in the US until his current J1 expires.
 
nscagony,

Thank you very much for your reply. Status of his J1 waiver process is the following:

He sent only passport data page, statement of reason, DS-2019, DS-3035 and Fee. He has not gotten all the three NOC from India. But still dept of state issued him a case number. This situation is still considered as "in the middle of J1 waiver process or pending J1 waiver"? How do the consulate people know about this pending J1 waiver application? Do they usually ask the candidates at the interview? or do they check these things on their own irrespective of whatever the applicant says at the interview?

Another interesting thing is he got a new DS-2019 (renewal) for 2 years after he got the J1 waiver case number! I wonder how an employer can do this!

thanks a lot!
 
I had the similar situation in October 2007 but also had to visit India due to some family reasons. I applied for this visa but did'nt mentioned anything about waiver process or case number, and everything was smooth.

I don't see anyproblem just by getting case number. I advice not to mention anything to the counsellor or write anythingin the forms.

UKH
 
ukharit,

thanks for your reply. Good to know that you had a similar situation and it went fine without any problems. At the inteview, consulate officer did ask you about waiver process? please share your interview experience in India.

thanks
 
My interview rounded-up in 20 seconds. As soon as I reached he asked -- Are you here for re-stamping? I said - Yes. He took all the papers/passports and that's it...............

Hope this helps !
 
nscagony said:
The stories are correct. Starting the J1 waiver process shows immigrant intent. He can no longer renew his J1, get a new J1 visa stamp, or enter the US in J1 status. He can, however, remain in the US until his current J1 expires.
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nscagony,

Do you know if any J1 renewal stamping got denied or stuck in India?
 
my friend have similar situation like bhakum.She started her ji waiver and now she want to go to embasy for another j1 visa.and she got new ds2019 for her masters and ready to go for visa.but,the question is,"Is she need another ji waiver for her new j1visa."
 
anitha2003 said:
my friend have similar situation like bhakum.She started her ji waiver and now she want to go to embasy for another j1 visa.and she got new ds2019 for her masters and ready to go for visa.but,the question is,"Is she need another ji waiver for her new j1visa."
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anitha2003:

I am not sure if your friend needs to do another J1 waiver. It depends on if she gets 2 years home country residency required. But my concern is that she might get into problems in obtaining a new J1 visa after showed the intentions (with the J1 waiver process) of becoming an immigrant/change of status to dual intent non immigrant visa . Consulate officer may deny the J1 visa simply based on the fact that she applied for waiver process. Pls keep us updated.
 
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