Extension on J-1 after getting 212(E) waiver

[mehroke]

Hi Everybody!

I will be completing my 3rd year on J-1 visa in a university. I have received the 2 year HRR waiver rule from USCIS. Since, recently USCIS has increased the maximum time limit on J-1 visa from 3 to 5 years; I wanted to know if I could get the extension in fourth year as J-1 even if I have the final waiver of 2- year HRR from USCIS? I heard that once you get final waiver from 212 (E) rule, no further extension on J-1 visa is possible. Is it true?


Although, my existing employer is willing to Sponsor H-1B for me, but since my wife is working with J-2 work authorization, she will loose her work authorization, If I convert to H-1B.

Please suggest.
Sincerely

Mehroke

 

[Streamflow]

Extension of the J-1 status after J-1 waiver

I heard that once you get final waiver from 212 (E) rule, no further extension on J-1 visa is possible. Is it true?

This is true. "Once the waiver is granted or DOS notifies the sponsor that it has made a favorable recommendation to the USCIS (INS) regarding the waiver request, however, the participant is no longer considered a bona fide J-1 exchange visitor and he or she is no longer eligible for an extension although the participant may complete the period shown on the current IAP-66 form" (http://www.immigration.com/faq/jvisa.html). See answers on questions 106 and 41.