Can I apply for a J1 waiver before a new J1 visa is issued?

#1
Hello,

My situation is the following:

I have been in the US on two J1 visas: the first one (06-2017/09-2017) was subject to the two-year rule, the second one (Aug-2018/Aug-2020) is not.

My current J1 expires at the end of August 2020. I need to apply for a J1 waiver for the first J1 visa (06-2017/09-2017) based on the 'No Objection Statement'. At the same time, an institution is about to sponsor me a new J1 visa (my third) starting from the end of August 2020 (when the second J1 visa expires). As soon as the waiver is obtained the institution will change my status to H1b cap-exempt.

Question:

- Can I apply for a J1 waiver (for the first J1 visa which program ended in 09-2017 and it has not been extended) before my new (third) J1 visa is issued? In other words, if I apply for a waiver before August 2020 for the first J1 visa, would the J1 waiver prevent the possibility to get the new J1 visa?


Thanks
 

Veggie3

Registered Users (C)
#2
Unlike H/L, J-1 is not a "dual intent" visa. It means that when you apply for that visa, you must show you have the intent to return to your country. Applying for a waiver contradicts that, and may create problems in the future. It'd be safer to wait a couple of months after your new J-1 starts prior to initiating the waiver application.
 
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