Getting waiver after J1 status expires

R

ritu9

Registered Users (C)
Hi All,
I am on J1 visa whose status expires in 2 months. I have applied for J1 waiver. Please help me with the following:

1. In case my status expires before i receive the waiver, do i have to go back to my home country to fulfill the 2 year HRR? Will i have to stay for full two years there or only till i receive the waiver (in a month maybe)?

2. Also, can H1 processing begin by getting only the waiver number from DOS without waiting for INS approval?

3. If i file for H1 before my J1 status expires, am i legally allowed to remain in the US even after my J1 status expires?

I'll be thankful for any help.
 
1. In case my status expires before i receive the waiver, do i have to go back to my home country to fulfill the 2 year HRR? Will i have to stay for full two years there or only till i receive the waiver (in a month maybe)?
You have to maintain your J1 status or leave until you get a decision on your waiver.

2. Also, can H1 processing begin by getting only the waiver number from DOS without waiting for INS approval?
No, that cannot be done. You can start the processing ONLY after you receive a favorable recommendation from DOS.

3. If i file for H1 before my J1 status expires, am i legally allowed to remain in the US even after my J1 status expires?

Yes, if you manage to get the waiver before J-1 status expires. If you don't get the waiver, you cannot apply for a change of status to H1.
 
Hi LucyMO,
Thanks for the reply. However, one of my queries was misinterpreted. I hope you can help me with this as well:

Also, can H1 processing begin by getting only the waiver number from DOS without waiting for INS approval?
By waiver number i meant favourable recommendation from DOS. I believe after getting this recommendation, it has to be approved by the INS as well. In that case, do i have to wait for INS approval before starting H1 processing or is the recommendation from DOS sufficient to begin the H1 procedure?
 
Hi,
I have 2 questions.
I just received a waiver from the DOS a few days ago and the rec has been submitted to the USCIS, however i had applied for a petition for my H1B prematurely just to keep me in status which was subsequently denied as my waiver hadn't been approved at that time. I was told by my attorney that i would have to leave the US 180 days after this denial. Is that true?

If i do get my waiver and refile my H1B with the USCIS before my 180 days are up and this is approved , would i be able to go to Canada or Mexico to have the visa issued or do i have to go back to my home country
Thanks
 
You must log in or register to reply here.
Top