From J1 to O1

B

betianum

Registered Users (C)
Hello!
I am a J1 holder since 11 month ago. I am doing a postdoc (category: scholar reaserach) at Florida Atlantic University, my program is sponsored by the Office of Naval Research (US agency). I am subjected to Section 212(E) two year home residence requirement.
I have a job offer, I am thinking in apply to an O1 visa and later on to a HRR-waiver, but I have some doubts about how to proceed:

Option1: Apply to an O1 visa and then to a waiver
I have finished my Ph.D. in 2005, I have 10 publications in referred journal, and 1 book chapter, 15 presentation in international conferences, I have 3 scholarships awards, I am member of the board of directors of the most important society in my field, and I can get at least 10 recommendation letters.
1. How are my chances to get an O1 visa?
2. How much time will take the process?
3. Do the possibilities to get a favorable waiver decrease after get an O1 visa?
4. If I apply to an O1 and I am not success can I conserve my J1 status?, Can I renew the J1 visa after applying to an O1?
5. What you recommend me?

Option2: Apply to a waiver and then O1 or H1b
The job offer is a good possibility for me, but I don’t know if the possibilities to get favorable responses really increase if I wait one year more in the position that I currently have.
1. How are my chances to get a favorable waiver under No Objection ground, according to my circumstances: US agency funding?
2. Can I apply to the waiver and the H1 simultaneously?
3. How much time will take both processes?
 
betianum said:
Hello!
I am a J1 holder since 11 month ago. I am doing a postdoc (category: scholar reaserach) at Florida Atlantic University, my program is sponsored by the Office of Naval Research (US agency). I am subjected to Section 212(E) two year home residence requirement.
I have a job offer, I am thinking in apply to an O1 visa and later on to a HRR-waiver, but I have some doubts about how to proceed:

Option1: Apply to an O1 visa and then to a waiver
I have finished my Ph.D. in 2005, I have 10 publications in referred journal, and 1 book chapter, 15 presentation in international conferences, I have 3 scholarships awards, I am member of the board of directors of the most important society in my field, and I can get at least 10 recommendation letters.
1. How are my chances to get an O1 visa?
2. How much time will take the process?
3. Do the possibilities to get a favorable waiver decrease after get an O1 visa?
4. If I apply to an O1 and I am not success can I conserve my J1 status?, Can I renew the J1 visa after applying to an O1?
5. What you recommend me?

Option2: Apply to a waiver and then O1 or H1b
The job offer is a good possibility for me, but I don’t know if the possibilities to get favorable responses really increase if I wait one year more in the position that I currently have.
1. How are my chances to get a favorable waiver under No Objection ground, according to my circumstances: US agency funding?
2. Can I apply to the waiver and the H1 simultaneously?
3. How much time will take both processes?
Click to expand...

1- It is up to you and depending on the time left in your current J, if you have a plenty of time just go ahead and apply for waiver first and if approved while you are still in status you can apply for H or GC and no need for O at that time.
2-I think you have a good chance to get O if you have a job with high salary (not postdoc or research associate with 40-50K only, this will not work)
3-The process itself depend on how fast you collect your recommendations and other papers (certificates, translations, award's certificates, ....etc). Suppose every thing is ready for submission and you applied for premium service ($1000 more) you will get it in few days (15 days maximum) but you have to go abroad to get visa stamp (you may get it easily or you may stuck for months)
4- You apply for waiver from J, from O or from your home country, the chance is the same.
5- If your O petition denied, no effect on your J status and you will continue the J till its term and even you can extend the J if you eligible to extension (supposedly that you did not apply for waiver yet). Because if you apply for waiver and get a recommendation from DOS, then you can not extend your J.
6- The DOS will ask for sponsor views and your chance to get waiver based on no objection is there
7- You can not apply for H and waiver at the same time (you will carry the risk of H denial if the waiver recommendation delayed). At least you have to have favorable recommendation from DOS.
8- The time varies from case to case, my waiver just approved yesterday (look to my signature), others get it in few weeks and others in years.
 
mmed said:
No, by my government.
Click to expand...

I am working at Florida Atlantiv University, but the project in which I am involve is sponsored by the Office Of Naval Research, so an US agency is sponsored indirectly my research. Do you think that I need to ask for an advisory opinion to DOS or it is clear that I am subject to HRR?

Thanks a lot!!
 
betianum said:
I am working at Florida Atlantiv University, but the project in which I am involve is sponsored by the Office Of Naval Research, so an US agency is sponsored indirectly my research. Do you think that I need to ask for an advisory opinion to DOS or it is clear that I am subject to HRR?

Thanks a lot!!
Click to expand...

You can apply for advisory opinion, it is free service and takes few days usually after they receive supporting documents to respond. Apply on line for advis. opin. exactly like the waiver. You can start the waiver also at the same time (look at my signature)
 
You must log in or register to reply here.
Top