j-1 waiver clarification

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praytx

Registered Users (C)
Hi,

I need a clarification. Our CP lawyer says that I absolutely need a J-1 waiver. I also have another application in 485 and that lawyer says I do not need the J-1 waiver. Who do I beleive? At the current rate, our CP interview is going to be in March 2005.

Also, from this forum I have learned that it takes anywhere from 9mos to 24mos to get a J-1 waiver. Is that a correct estimate?

I have contacted mumbai consulate and am waiting for a response.

I really dont want my GC being held up at this point after taking this journey for so long. anyone have any suggestions/information that can help me?

are there some links/documentation that I can show which would help me indicating that I am not a 'subject' and therefore do not need a J-1 waiver?

I came here on J-1 (on personal funds) then got a F-1 (after returning to home country, India for me) and came back to US and after completing studies I went on H1...i also have multiple H1 stamps in my passport. Until all this time, it has never come up that I needed a J-1 waiver. So I am not sure how credible the CP lawyer is...wouldnt it have come up before in my case?

thanks
 
I maybe wrong, but you may not need the J1 waiver as you are already on H1.

They would not have approved your H1 if the 2 year HRR really applies to your case.

And from your post, I presume, that after your J1, you did return back to home country for 2 years, am I right?

In that case, who cares about waiver now?
 
hi gcchaahiye,

thanks for ur response. as per my J-1 visa requirement at the time (89-90), the only requirement was that i return to my home country. there was no requirement of 'time limit' like for at least 2 yrs or something...at least not that i know of.

i left US for 5 months after my j-1 visa and returned on a fresh f-1 visa.

after compelting studies, i got my h-1 and now am on gc track...one concern i voiced with the cp lawyer is that do they think that the immigration officer missed the waiver every time i went back and got a new visa (3 f-1 and 2 h-1)? and they believe that yes the IIO missed it every time and they suggest that i get a waiver even though the other lawyer for my 485 application does not think so...

as for me ...i am confused who to believe and what to do:(
 
When you came on J1, did they stamp " Subject to 2 year HRR " anywhere on the J1 visa in your passport?

Even now you can try to obtain waiver, however, its a time-consuming process.6-8 months is a reasonable time, it may be faster, no one can predict.

But going by the number of visas that you have obtained, I dont think USCIS has overlooked the fact, not for 3-4 times.Especially, since you have to mention your previous visa status and all visa statuses on various petitions.

If you had really mentioned your J1, then there is virtually no chance that USCIS has overlooked this fact.

Do some research on the category (the 4 digit???) J1 visa code that you were here on and see if this particular code is really subject to 2 year HRR.
 
gcchahiye,

tks for the response. i agree with the points u make and so does my 485 lawyer. but the cp lawyer does not have the same interpretation.

to answer ur Qs, no I do not have anything on the J-1 visa that says ' 2 yr HRR required'. dont know if it existed back in 1989?

for all my h-1 applns, i have mentioned my J-1 from before...in fact the last visa stamp in passport (2004) , I even had to show the US consular officer my old passport with the J-1 visa stamp in it. there was no mention of any j-1 waiver requirement by the officer.

i guess the 4 digit vode you refereing to is the CFR code? I had already looked it up and provided it to the CP lawyer and am waiting for their feedback. The pertinent articles I found were 8 C.F.R. 212.7(c) (1) and 8 C.F.R. 212.7(c) (2) for who needs foreign residency requirement. As per these articles, I am not subject to the foreign residency requirement.

As I said before, the CP lawyer does not think so and we are at a stalemate. Also since I have contradictory opinion from another attorney, it confuses the issue even more whether the weaiver is necessary or not. And I am hoping someone else on the forum has gone through this and can provide a guiding light/references for me.
 
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