2nd attempt for HRR waiver

Samir Gambhir

Registered Users (C)
I came to the US on J1 visa for my masters in fall 2001. I applied for the waiver of 2-yr HRR based on 'No Objection' in August 2002. I graduated from the program in March 2003. I received the final waiver in September 2003. Unfortunately, due to unavoidable circumstances, this waiver was 'wasted' as I had to extend my J1 to enroll for PhD in the same program in fall 2003.
I plan to reapply for the waiver under the same 'No objection' category. I wish to know the following:
1. Could somebody share with me a similar situation that he or she has been through?
2. Having wasted the first waiver, I hope the reapplication does not cast a negative impression on waiver review division.
3. Is there something critical that I have to consider before applying, in terms of possible change of status to F1, or maybe H1, later?

Thanks
Samir Gambhir
 
what was the basis for HRR in the first place? Does the same condition apply to your PHD program? Waiver is never wasted.
 
My HRR was based on 'Exchange Visitor Skill List'. I am pursuing my PhD in the same program as my masters but I worked (absolutely legally) for 6 months after graduating from my masters program and before joining PhD. I could not opt for F1 as I had very limited time in hand to get J1 converted to F1 while being in the US. Getting F1 stamped from another country (or India) was too risky.
Since I have to go through the waiver process again clearly means that I have wasted my previous waiver. Comments and suggestions?
Thanks
Samir Gambhir
 
Please respond

I'll appreciate if somebody could respond to my queries about the 2nd attempt for J1 waiver
Thanks
Samir Gambhir
 
it does appear that you may need a second waiver. However, if I were you I'd ask for an advisory opinion from Department of State and explain the situation to them (getting the first waiver). Perhaps, they will tell you you are not a subject the second time. Is it marked on your DS-2019? It's always easier to get a waiver when you didn't get any govt financing from U.S. or your own government.
 
I am also in the process of waiving the HRR. I was informed by my school that as soon as the State Department gives a favorable recommendation to CIS, you may not extend your J1 program. So it might be that you did not extend your program but changed to a different program? If this is the case then my understanding is that you have a new HRR, that is not the one you got the waiver for, so you might need to apply for a new waiver, since your first waiver applied to your first HRR, not the second. But I am not a 100% reliable source I just spent a lot of time researching my own issue. Best, Vermedve
 
second attempt at a waiver

I currently am serving my waiver in a HPSA after my J1. Due to unforeseen circumstances I am planning to let go of the waiver and apply for a J2.


My question is ''do I have a second chance to apply for another waiver in the future". Is there any rule that there is only one chance.

I know for certain that I have to repeat my waiver.Been talking to attorneys . I think my situation is a little similar to samir's situation .
 
Samir Gambhir said:
I'll appreciate if somebody could respond to my queries about the 2nd attempt for J1 waiver
Thanks
Samir Gambhir

Please look at your second J1 DS 2019. Look at Purpose of the form: Is it to Begin a new program OR to extend an ongoing program.

Is it selected on DS 2019 form that you are subject tp HRR, if yes what is reason?

The answer to these questions will help know if you need wavier?
 
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