J1 Waiver/2 HRR/out of status

Y

yeimy

New Member
I am working under a J1 visa with the 2 year home residence Rule, I got married with a USA citizen some moths ago and in order to change my status I applied first for a waiver under the no objection statement.

I requested the letter of no objection to my country "Colombia" in January 22 but It takes 5 months to get that letter,hopefully by the end of May I will be receiving it, so
the problem is my program ends in June 30 and it will take between 6 to 8 weks to the DOS to work on my waiver, according to my calculations I will receive the waiver by the end of July, and by that time I will be out of status and under the 30 days grace which will be over in July 30. I have read that during those 30 days grace I can not change my status.

In my I/66 does not say the time where I have to leave the country, it says D/S which means that my stay in the country is legal s longas I stay in the program.

My questions are:

Can I file the documents for change of status while waiting for th waiver?
If I get the waiver during the tim of grace can i fill the documents for a change of sttus?
If I do not get the waiver before July 30, should I live the country?

I really appreciate any help provided :)
 
I suggest you should go home for a vacation and return once you have received a waiver. Since a waiver is not guaranteed, you may want to start looking for a job there in case it is not approved.
 
Hi yeimy,

Are you working with or checking with immigration lawyers?

> I requested the letter of no objection to my country "Colombia"

No objection letter from home country is not relevant to J1 waiver "in some cases." My funding was from US government visa government funded J1 program not from my home country government. So, the no objection letter relevant to my J1 waiver is that from the J1 program not from my home country. I hope that you are arranging no objection letter that will work for you. (In other cases, No objection letter from home country works.)

> I am working under a J1 visa with the 2 year home residence Rule, I got married with a USA citizen some moths ago and in order to change my status I applied first for a waiver under the no objection statement.

If you did not apply for J1 waiver yet, you could have an option to switch to another non-immigrant visa program (another J1 program, F1 visa,,,) that give you somo more time of legal stay that can be used for waiting J1 waiver result in US. I do not know whether you can do this now (after J1 waiver request submition.) Ask immigration lawyers.

> I requested the letter of no objection to my country "Colombia" in January 22 but It takes 5 months to get that letter,hopefully by the end of May I will be receiving it, so
the problem is my program ends in June 30 and it will take between 6 to 8 weks to the DOS to work on my waiver,

Here it states 4 months.
https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=cabOUkEV4TQUm4f8Iyi-s

In my case (J1 waiver in a category different from yours), it took 6 months to hear the result.

> according to my calculations I will receive the waiver by the end of July, and by that time I will be out of status and under the 30 days grace which will be over in July 30. I have read that during those 30 days grace I can not change my status.

Your schedule seems tight.

My questions are:

> Can I file the documents for change of status while waiting for th waiver?

You may file it. But I do not know how USCIS will handle your Adjustment of status application that have a check mark on "I am subject to 2 years home residency requirement and have not completed it yet." I recommend you to check this with immigration lawyers that have real experience on J1 waiver. But, it is a good idea for you two to prepare the Adjustment of status application before you guys hear J1 waiver result. I completed my GC application way before I hear J1 waiver result. After we heard the winning news, we submited it right away. I got a receipt from USCIS in a week and I got GC pending status (althogh I also have J1 status with extended DS-2019 at the time.) About three months later, I got my GC then talked to my J1 program visa officer to terminate my J1 documents.

> If I do not get the waiver before July 30, should I live the country?

My immigration lawyer told me that J1 waiver pending will not give me legal status, although GC pending status will. I do not kow how my lawyer was accurate, although I won J1 waiver. My lawyer advised me to extend DS-2019 untill I hear J1 waiver result. And, I did extened DS-2019 after J1 waiver submition. An extended valid DS-2019 will give you legal status, even your J1 visa is expired. I highly recommend you to consult professionals.
 
[

No objection letter from home country is not relevant to J1 waiver "in some cases." My funding was from US government visa government funded J1 program not from my home country government. So, the no objection letter relevant to my J1 waiver is that from the J1 program not from my home country. I hope that you are arranging no objection letter that will work for you. (In other cases, No objection letter from home country works.)

Hi, Kitten3,
my program was funded by US gov. I got the NOS from my own country, do you think I will lose the waiver if I file it that way? what did you do? what you recommend to do? Please advise
 
Thank you for your response and the information provided :) I wil wait until next week whe I was told I might get the statement of no objection, which is the one I need because my program funding is not from any the goverment program. I had already submitted the rest of the documents to the DOS so there is not way to try to apply for a different visa.

I just have to wait if I can get the waiver before my time of grace ends, and as you said to have the documents for the change of the status ready.

My program is willing to give me an extension, the only problem is that I've already started the process for the waiver, and they will be working on the extension next month so I do not know if when they realize I applied for a waiver they will be able to give me the extension.

Again thank you for your time :)
 
You must log in or register to reply here.
Top