Can I apply for a J1 waiver from a 3rd country (Australia)?

[messymess]

I worked as a researcher for three years in US on a J-1 visa with the 2 year restriction. I'm currently working in Australia but thinking to come back to US in future. Can I apply for a waiver now? (without a H1 visa offer). What Indian Embassy (in Australia or in USA) do I need to contact?

Thank you for your help.

 

[mmed]

I worked as a researcher for three years in US on a J-1 visa with the 2 year restriction. I'm currently working in Australia but thinking to come back to US in future. Can I apply for a waiver now? (without a H1 visa offer). What Indian Embassy (in Australia or in USA) do I need to contact?

Thank you for your help.

You can apply for waiver from anywhere you like and you do not need an H offer to apply. What you need is a reason (logic) to convince the US that this waiver is an important according to your field. May be someone else can help in the part of Australia

 

[nscagony]

Keep in mind that to fulfill the 2 years you have to spend them in your country of residence. Just outside the US isn't enough.

 

[messymess]

Thank you for your answers.
I'm trying to find out how to proceed. It seems that those of us outside US are all quite lost... I've written at the Indian Embassy in Washington asking if I can apply for the NORI and WAIVER certificate from abroad, I'll post the answer. Anybody from India tryed the 'designated ministry' path?

From http://travel.state.gov/visa/temp/info/info_1288.html
* No Objection Statement (NOS):
The EV(exchange visitor)'s home country government issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the EV not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement and does not object to the possibility of the EV becoming a resident of the U.S. The NOS may also be issued by a designated ministry of the EV's home government and forwarded to the U.S. Chief of Mission, Consular Section, within that country to be forwarded directly to the Waiver Review Division. The EV has the responsibility for obtaining a no objection statement from his/her home government.

 

[messymess]

Regarding to the statement of (logical) reason...
After 3+2 year postdoc I'll be looking for a (hopefully) tenure track position in academics, preferently in US (usually H-1 visa). I've recently been in a job interview and the 2-year restriction didn't help.

What is your opinion? Shall I state that I'm interested in continuing the research I was involved in while in US (very important...) and that I'm interested in coming back to the country? Or better avoid the issue of returning to US and just mention that I want to keep all possibilities for future collaboration with former research group open?
(The 2-year restriction in my visa is because my profession is in the Indian Skills list, I didn't receive fundings from any goverment).

Thank you again

 

[mmed]

Regarding to the statement of (logical) reason...
After 3+2 year postdoc I'll be looking for a (hopefully) tenure track position in academics, preferently in US (usually H-1 visa). I've recently been in a job interview and the 2-year restriction didn't help.

What is your opinion? Shall I state that I'm interested in continuing the research I was involved in while in US (very important...) and that I'm interested in coming back to the country? Or better avoid the issue of returning to US and just mention that I want to keep all possibilities for future collaboration with former research group open?
(The 2-year restriction in my visa is because my profession is in the Indian Skills list, I didn't receive fundings from any goverment).

Thank you again

The purpose of the 2 year physical presence in home country is to help advancement and improvement of the developing countries and exchange knowledge between countries and not to torture the J visa holders. The way to get around that is to convince the US government that your presence in your home country will be an obstacle in you carrier, your country best interest or in the best interest of the US community. So, depending on your case act accordingly, not just saying “I have offer from US agency”, every one after finishing his mission on J suppose to achieve certain level after which he/she suppose to have many offers from US agencies.