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Question regarding travel during waiver process

Discussion in 'J-1 Home Residency Requirement' started by Kyle H, Feb 10, 2015.

  1. Kyle H

    Kyle H New Member

    Hi friends,

    I previously held J-1 visa and currently getting my waiver of 212(e). Now I am in F1 status. My waiver case is with DOS now and it is still pending (NOL from my embassy has been received).

    My question is, can I travel to my home country while the case is pending and when I come back to US (in F1 Status), will I be accused of immigrant intent?

    Thank you all for the help and wish you everything goes well!!
     
  2. Stepmaru

    Stepmaru New Member

    What happened with this case? I am on a similar case.

    I am wondering if I should travel while waiting for the NOL from my government. My current visa expires may 2016 and but my ds2019 is valid until Dec 2016.

    I am a Grad student on a J1. I would like to go home this April to renew my visa in order to be able to travel in September to Europe. Since I have already sent my end of the documents to the WRD, I am not sure if getting a new visa would hurt my case.

    My other hesitation is if traveling before or after the waiver is issued would cause me a problem since the process has been started. Any thoughts? I am very worried at this point. HELP! What should I do?
     
  3. gc2016

    gc2016 New Member

    Once you have applied for J1 waiver, you are not allowed to extend your DS2019. As far as I know, you can not extend/apply for J1 VISA even with a valid DS2019 after filing J1 waiver. If you are filing a new J1 visa application with new SEVIS number, then you can apply for a J1 visa. But that will come up with a new 212. Double check with attorney Rajiv Khanna.
     

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