Applying J1-waiver from home country

A

anit_abby

New Member
Hi, I am new to this forum. I just returned to new delhi from US after completing 6 months on J1. I am in software industry. I am subjected to 212(e) 2 Yr. residency rule.
1. Now my company wants to file H-1B for me. But I am aware that I have to get the waiver before I can apply for that. I would appreciate your help if you can tell me the procedure of getting the J1-waiver in detail from delhi.
2. The end date on my DS-2019 was 28Feb2005. The expiry date of my J1 visa (as on passport) was 28March2005. I returned on 23March2005(5 days before the visa expires). So will this over stay of 23 days impact J1-waiver procedure, or is there any kind of complications involved in my case?
Please advice.
Thanks in anticipation.
 
Why did you go back to india. You would have extend your J1 visa for max. In the mean time you would have applied for the waiver from US. I did the same thing I am from india I am in J1 visa (software). First I came here for 6 months visa. Then got extend for 12 months. After extention I applied for waiver it took me 3 to 4 months. Only last week I got my final waiver approved from INS.

It will be little bit difficult for you it might take long time. All these you would have done when you are in US. First you have to submit 4 Waiver & Misc form with attestation to Indian Embassy Washington DC with $66. You can get those forms here http://www.indianembassy.org/consular/ 15 option. After submitting they will give you 3 copies in one day with the seal.

Then you have to go to 3 different department take one copy per department. Education New delhi, Passport department from where you got the passport and Your State Government. Go personally to each department and keep backing them. All these department will give you or send directly a copy to Indian Emabssy Washington DC you can request them to give you in hand. After getting "No Objection Letters" from all these departments you have to again submit in indian embassy washington DC with $11. Then they will directly send Final "No Objection Letter" to Department of State. In the mean while you have to get your case No from DOS. You can apply for your case no in the middle of your process.

I think for your suitation someone should be there in US to help you for contacting Indian Embassy. Sending by post it will take years to reach.

Lokesh.
 
Waiver in 2 months

Hi Sarvalokesh,
This information has been really very useful. I applied for my waiver 2 months ago and had the no objection statement arranged from India. The waiver was mailed from the Department of State, day before yesterday.

Thanks,
Prabhu
 
Any plans for GC directly after J1

Hi,
What do you recommend that should I apply the Green card directly or should I switch to H1 before that. I still have to receive my PhD degree from India so not sure if applying straight for a GC would be a good idea.

Thanks,
Prabhu
 
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Get the H1b first then go for Green Card. I did the same thing I applied for the h1b waiting for the approval. Green Card takes 3 to 5 years. As soon as you get your h1b file for the Green Card. If you are filing for Green Card now you have to leave the country once your j1 visa expires.
 
HI anit_baby,

I was wondering if you were able to get your J1 waived while being in India?

My wife is in India and needs to get her 2year HRR waived before she can get an H4.

Could you please help me with this?

Thanks in advance,
Mihir
 
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