After Filing Intent for J1 Waiver

[garudan]

Hi there,

I am trying to gather some info for a friend of mine who is on J1 right now. He has a single entry J1 until June of this year. He has already filed for an intent to apply for J1 waiver and not actually applied for the waiver yet. There is a need for him to go to India at this time to get married.

My question is two fold.

1. For him to return to the U.S he needs to go to the U.S consulate and apply for a J1 to return back. With the intent to apply for J1 waiver already filed, will there be a problem for the consulate to issue a J1 ?

2. If the answer to Qn-1 is not a problem, upon his return to the U.S should the process of acquiring a J2 for his spouse be completed before the process of applying for a J1 waiver and getting a H1 ?

Thanks in Advance.

P.S - I have been reading some of the discussion postings and cannot refrain myself from appreciating the prompt and to-the-point prompt replies from Jigesh. Jigesh - you are doing a great service in this space.

 

[jigesh]

1. No - unless your friend informs the consul upfront during visa interview about intent of waiver.

2. Yes. Waiver covers members of family, too. So though it may not be strictly necessary to get J-2 before applying for J-1 waiver, in my view, it's better to apply for J-2 before one applies for J-1 waiver. The H-1 part of your question is not clear to me. If you mean that the spouse has yet not J-2 but might have an opportunity for H-1B, then the spouse can directly get H-1B and no need of first getting J-2 (and waiver and then H-1B). However, if you meant H-1B for the J-1 holder, then yes, the waiver is necessary before applying for H-1B if the J-1 holder was originally subject to the 2-year HRR.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

PS: Thanks for the compliments.