Business trip during waiting for waiver

J

jrd2411

New Member
I'm getting training in the company in the US with J-1 visa 212e, my visa will expire Nov,2007. I'm not funded by the government. I just sent the documents to apply for J1 waiver (no objection) last week. I will go to get training at the headquater of the company outside the US for 2 weeks in March. I would like to know if my leaving for business trip effects the waiver application? I will have to send my DS to get travel validation signature for returning to the US.

I tried to check my case number online, but it's not found yet. How long does it usually take from sending the documents with fee to the case status appear online?

My company offered me job but I can't apply for H1B till I get the waiver. Do you think I can get the waiver in time to apply for H1B? How long for the waiver?

Thanks for your kind help.
 
It will not affect your application per se, and you should be able to get the travel signature without problems, but you should read below from an earlier post of mine:

"Once you submit a waiver application to the DOS, you have initiated a waiver, whether or not you follow through to complete the process. Requesting a waiver is incompatible with the J-1 exchange visitor program goal of returning home. Therefore, you may not be successful in applying for any further J-1 visas abroad or be re-admitted to the United States in J-1 status. You must be aware that if you leave the U.S. in these circumstances, you do so at your own risk. You may not be able to return until the DOS processes the waiver and the H-1B is approved by the USCIS. Some people have been denied entry, while others have had no problems.

Separately, getting a visa from a third country may in itself be problematic. Rules have become much more strict since 9/11, and many nationals cannot do the third country route. I think it depends on where you are from."

After the DOS receives the no objection statement from your embassy, it may take a few days or maybe a few weeks to issue the recommendation.
 
Thank you for your information.

I have one more question. From the process to get the waiver, after the No objection statement is received, there is a request for "Sponsor Views". What is "sponsor views"? And, what should I do for this?

Thanks in advance.
 
The majority of cases do not involve a "Sponsor Views" request. It usually applies if the J-1 scholar has been funded directly by a US government agency (Fullbright, a Federal Department, etc). In such a case, once the DOS gets the no objection statement, it will directly contact the office of the sponsoring institution (the office that issues the DS-2019 form) and ask that office for its views.

You usually do not have to do anything at all if there is a sponsor views request unless the sponsor needs information from you in order to respond to the DOS. If the DOS does ask for sponsor views in your case, you should be familiar with your own sponsoring institution's policies regarding responding to the DOS. For example, my sponsor requires that I have a valid and accepted job offer from a genuine employer in the US. If my sponsor's office receives a DOS request for sponsor views, the office contacts me and requests to see evidence of a job offer and confirmation that I accepted it. Once I show them this and they verify it, they respond favorably to the DOS. If I can't provide them the evidence within a given time frame, they respond unfavorably. Every sponsor is different, and some won't contact you at all, while others will refuse to comment favorably outright. In some rare cases (usually involving waiver requests submitted years after the J-1 program actually ended), the DOS request is never responded to, and the applicant is left in limbo!

So in short, to answer your question, just be aware of any policies your sponsor may have on J-1 waivers IF you discover that they are asked by the DOS. Like I said before, the majority of cases do not require sponsor views.
 
Hi friends I ma sorry to interfear. If we are approved for a waiver, can we leave the county and re - enter on same J1 before its expiration? or we can't re-enter ? :(
 
Nobody knows. Some people have been refused, others have had no problem. It's a risk that you have to decide if you want to take or not. I don't know the percentages of those who were denied entry versus those admitted.
 
J2 visa

I am on J1 visa and got a favorable decision for my waiver this week. I have a visa stamped on my passport until Nov 2007 but the problem is my wife is going India 21st of FEB as her mother is sick and she really wants to see her. My son is also going with him who is US citizen if that matters to get visa stamped. My wife lost her passport and she got new passport here in US so my understanding is she has to take new visa to come back. Given my situation what are the chances of getting her J2 visa stamped when my current DS2019 shows that I have job here until May 2007.
RAONJ1
 
Again, those chances are unknown. You shouldn't assume that your wife will have problems, but assume there is a risk because you (and by default she) has gotten a waiver of the HRR which means she does not intend to abide by the purpose of the J visa, which may result in visa denial. That you have a US citizen child traveling with the parent is legally irrelevant, but a sympathetic consular officer might take that into consideration. Good luck!
 
jk0274 said:
which means she does not intend to abide by the purpose of the J visa, which may result in visa denial.
Click to expand...

I am struggling to understand this. But as far as intend is concerned its is clear that I want to be in US at least for now that’s why I applied for waiver and US does not have any problem for my extended stay. If that would be the case then there shouldn’t be any problem for getting visa But my biggest concerned is as my current DS2019 expires in May 2007 Is that be a problem in obtaining a visa given that there is not much time between 21Feb and 31 May.
 
response

The US may not have a problem with you extending your stay, but that does not mean you are still eligible for a J visa. The problem is that when you enter the US, you enter in a certain immigration status and are expected to abide by that status. When you apply for a J visa with a 2 year HRR, and you have already indicated (through applying for a waiver) that you do not intend to fulfill the requirements of your J status, that is grounds for refusal of entry should the consulate or the immigration inspector in the airport decide to use it against you or your wife. It is not possible to predict whether this will actually happen. The US, in granting you a waiver, now expects you to apply for and obtain a new status, and not remain in J status (which is one reason you are not allowed to extend your J status once you receive a waiver, as you know). Many sponsors advise their fellows not to travel if they have obtained a waiver until they have their H-1B or green cards (advanced parole) processed. Again, the immigration inspector may decide that they cannot admit somebody on a J status when that individual has indicated through actions that s/he does not intend to abide by the conditions of that status. Whether this will actually happen or not is anybody's guess.

As for obtaining a new visa because of the near-expiration of the DS-2019, again it's impossible to predict. It should not be a problem to state that you are finishing up your program but she had to travel for emergency reasons but would still like to return to the US to help her husband finish up his fellowship etc etc. But telling the consul that you want a J visa so that you can return to the US and apply for an H is not a good idea, because the consul is obligated by US law to refuse a visa to anybody whose actions indicate intent to immigrate or stay beyond the purpose of the visa. That, plus the fact that you have gotten a waiver, make approval of a visa for your wife more risky than normal. But how much riskier? It's impossible to say. What status are you working on next, and can your wife wait to travel until you obtain that status?
 
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that was pretty helpful. Next, I will be getting H1B but again that will take 2-4months and seems like my wife does not want to delay anymore. She alraedy bought the one way ticket so I belive I have to take that chance.

Can I apply for green card for both of us when my wife is in India?
 
You cannot adjust status for your wife if she is abroad. She would have to go the consular processing route, and I don't think you can do that until your immigrant petition is approved (as opposed to adjustment in the US which you can normally file concurrently if you have an available visa number).

Well, if your wife is refused a J-2 visa for any reason, she can wait to get her H-4 visa once you have your H-1B. That may mean a separation of several more weeks, but it could be a lot worse!
 
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