Which visa after J1, and the gap in between

K

kkj44

Registered Users (C)
My J1 visa expires at the end of May (plus 1 month to leave, I believe), and I'm still waiting for my 212(e) waiver. I understand if the waiver is still Pending as of end of June I'd have to go home.

But I thought I read somewhere that if I get a favorable recommendation for the waiver, and apply for the next visa, I may be able to stay in the US until the visa is granted. Is there any truth to this, or am I just imagining I read it?

Another question is: I was planning to apply for a K1 visa, but I also have a semi-confirmed job offer from a university. Is there any reason I might want to apply for a H1B instead of a K1?
 
well, if you could get into a quota for H1B, you could apply for it with a favorable recommendation but only in a case of no-objection waiver.

By the way, you can't change visas while in the States. You can only change a status.
 
LucyMO said:
well, if you could get into a quota for H1B, you could apply for it with a favorable recommendation but only in a case of no-objection waiver.
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I thought universities are not subject to the H1B quota?

By the way, you can't change visas while in the States. You can only change a status.
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I didn't realize that. So even if I were to get the No Objection favorable recommendation today and get my next visa before my J1 expires, I have to leave the country and get back in?
 
Yes Univ. are not subject to any for of Quota (H1, etc..). IT has to be a non profit univ. though.


You do not have to leave the country, unless you need that VISA stamp (so you can travel abroad for example) on your passport...

But since your waiver is not done yet, you're sort of in a tough situation and may need to act quickly to buy time.




kkj44 said:
I thought universities are not subject to the H1B quota?


I didn't realize that. So even if I were to get the No Objection favorable recommendation today and get my next visa before my J1 expires, I have to leave the country and get back in?
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NewReadyToHelp said:
But since your waiver is not done yet, you're sort of in a tough situation and may need to act quickly to buy time.
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Well, I know I'm running out of time, but what do you mean by "act quickly"? Is there anything I can do at this point, besides wait for the waiver?
 
Yes there are few options that can buy you time:

-Ask for an extension
-Apply for a change of status
-Appy for an H1 or another status. Understand that they may/will ask for the waiver. A friend of mine got the H1 with no waiver (they never asked), but he got the aiver afterwards.

While you have an application pending with USCIS you are considered legal. For example if you're sure you'll be getting the waiver approved go for the H1...if your case is iffy then try an extension or change of status. But eventually you'll need to get waiver to carry on in the US!


Good luck,



kkj44 said:
Well, I know I'm running out of time, but what do you mean by "act quickly"? Is there anything I can do at this point, besides wait for the waiver?
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