J1 waiver and J2 visa

B

braveheart75

New Member
Hello everybody!
This site is a great help!
I have been US for one year.Now my wife just got her J2 visa in UK, but she will come to US in april. Here I want to ask a question:
If I am applying for J1 waiver, can my wife enter US in april after my J1 waiver application?
Any reply will be appreciated in advance.Thanks
 
Another post that merits a cut and paste from an earlier post:

"Once you submit a waiver application to the DOS, you have initiated a waiver, whether or not you follow through to complete the process. Requesting a waiver is incompatible with the J-1 exchange visitor program goal of returning home. Therefore, you may not be successful in applying for any further J-1 visas abroad or be re-admitted to the United States in J-1 status. You must be aware that if you leave the U.S. in these circumstances, you do so at your own risk. You may not be able to return until the DOS processes the waiver and the H-1B is approved by the USCIS. Some people have been denied entry, while others have had no problems."

What this basically means is that the CIP border agent may detect that the J-1 principal is applying for a waiver and may bar her entry. However, this is the worst case scenario. Since she is a J-2, and she is coming to accompany a J-1 who is already in the US, this makes the likelihood of the worst case scenario occurring more remote than if you yourself were traveling. So while anything can happen, I (personally) wouldn't cancel the air ticket.
 
Thank you for your reply, jk0247.
I have submitted my waiver application in Feb and my home country embassy has sent no objection letter to department of states. The decision is still pending now.
But I have another question here:
My employer in Singapore want me to stay in US for another six months after my J1 expiration. So HR assistant will start to work on my J1 extension.
My question is: Will the J1 extension affect my J1 waiver decision?
Will the J1 extension affect my future visa application?
Any reply will be appreciated in advance.Thanks.
 
The J-1 extension will not affect the J-1 waiver. But the J-1 waiver can affect your J-1 extension! Few organizations do not extend the J-1 DS-2019 once you have applied for a waiver, but ALL organizations stop extending J-1s once one has obtained the favorable recommendation from the DOS. This means that you need to make sure you get your extension BEFORE you get your waiver, i.e. ASAP.

As for "future visa application", what does that mean? Do you plan to leave the US and apply for a new J-1 visa? If so, an extension will not affect that, but a waiver certainly will. If you have applied for, or obtained, a waiver from the state department, you shouldn't travel abroad until you have a different (e.g. H-1B) status ready.
 
jk0274 said:
The J-1 extension will not affect the J-1 waiver. But the J-1 waiver can affect your J-1 extension! Few organizations do not extend the J-1 DS-2019 once you have applied for a waiver, but ALL organizations stop extending J-1s once one has obtained the favorable recommendation from the DOS. This means that you need to make sure you get your extension BEFORE you get your waiver, i.e. ASAP.
Click to expand...

Thank you so much for your advice, jk0247.

Here is my case status:
Department of State Decision: Pending
Item Action Date
No Objection Statement, Received, March 23, 2007

But I still don't know the status of my J1 extension. I am not sure if I can get the extension before I get the waiver, because my employer applied for J-1extension for me.

jk0274 said:
As for "future visa application", what does that mean? Do you plan to leave the US and apply for a new J-1 visa? If so, an extension will not affect that, but a waiver certainly will. If you have applied for, or obtained, a waiver from the state department, you shouldn't travel abroad until you have a different (e.g. H-1B) status ready.
Click to expand...

If I can't get J-1 extension before the waiver is approved, my employer in Singapore will help me apply for L-1 US visa once my J-1 is expired. I don't know if I can apply for J-1 visa in US or not. Otherwise I will leave USA and apply for L-1 visa in Singapore in August then enter USA by L-1 visa. Is this process reasonable?
 
Last edited by a moderator:
Otherwise I will leave USA and apply for L-1 visa in Singapore in August then enter USA by L-1 visa. Is this process reasonable?
Click to expand...
if you get a waiver - yes. There is always a possibility that you will not get a waiver.
 
braveheart75 said:
Thank you so much for your advice, jk0247.

Here is my case status:
Department of State Decision: Pending
Item Action Date
No Objection Statement, Received, March 23, 2007

But I still don't know the status of my J1 extension. I am not sure if I can get the extension before I get the waiver, because my employer applied for J-1extension for me.



If I can't get J-1 extension before the waiver is approved, my employer in Singapore will help me apply for L-1 US visa once my J-1 is expired. I don't know if I can apply for J-1 visa in US or not. Otherwise I will leave USA and apply for L-1 visa in Singapore in August then enter USA by L-1 visa. Is this process reasonable?
Click to expand...

The extension of the J is with the USCIS not with the DOS.
Possibility #1: This extension granted before the DOS waiver recommendation, if so just send a copy of the new extended DS1920 with cover letter to the waiver section.
Possibility #2: Waiver recommendation issued (I think it will be within this week because the DOS already received the NOS from your embassy) then the J extension will be denied (see possibility #3&4).
Possibility #3: You got the waiver recommendation before your J expire and you are still in status in US, then you can change it to H or L or many others including green card without leaving the US.
Possibility #4: Your J expire before the waiver, you have to go out and wait for the waiver or 2 years, whichever shorter. If issued or the 2 years passed, apply to any other visa (you can not apply for another J forever) get stamp and come back
Possibility #5: The waiver denied, You have to go for 2 Yr HRR (after the due date in your DS) and still you are not allowed to apply for another J forever, can not extend or transfer it, but after the 2 years apply for another visa (H, L ....etc)
 
Hi
my case is an example of Possibility #1 described by mmed. I applied for waiver and got extension after Indian embassy sent the NOS to the DOS.

So you can give a try.

All the best
 
J- visa transfer when the decision is pending in Department of State

Hi, I am a post-doc researcher not a medical graduate. currently on J-1 visa, and I applied for waivers to Department of State under no objection from my country. My embassy has sent the no objection certificate 2 days ago to DOS. Still it did not reach DOS. Now a got a better offer from a non-profit research institute and they are transferring my J-visa in 2 weeks. Since the status of my waiver is still pending DOS and it takes 4-8 weeks for processing at DOS once they receive all the documents. I was wondering what shall I do with my waiver process. Do I need to let the process continue, or do I need to request DOS to stop the process and start again after sending my new DS-2019 form. Or not worry about sending any thing to DOS and let the process continue at DOS?
 
You must log in or register to reply here.
Top