J1 waiver - change to another J1

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anaorti

Registered Users (C)
Hi,

I'm a visiting scholar doing posdoc research under a J1. I got a waiver for the 2 year home residence requirement and my J1 is still valid until the end of January 2008.

I was offered a full time job for a year teaching in a university, so I would have to change sponsors for my J1..my questions is, can I do this now without affecting my waiver or will I get again the 2yhrr in the new J1? I guess it would be a J1 training which is different category than J1 exchange visitor.

thanks for your help!
 
Although you need to confirm what I am about to write, I can tell you that it may be very difficult for the State Department to approve a new J-1 for you after you have gotten a waiver. What I would do is try to ask your new employer whether they can sponsor you for an H-1B instead. Since it's a university, you will not be subject to the cap.

Obtaining a waiver of the HRR indicates that you have no intention of abiding by the original terms of the visa. For this reason, it is advised that you not even leave the country until you have a new status lined up (H-1B or green card). There have been instances where individuals had gotten a waiver, but while their visa was still valid, they traveled abroad for short visits but were not allowed back into the US because, since they had applied for a waiver, the border inspector considered that as evidence that the person intended to possibly become an immigrant.

I know this is not exactly an answer to your question, but I'm just giving you an idea of what happens when one obtains a waiver.
 
Thank you for your answer JK0274,

although now I'm more worried because this summer I planned to go to Spain for a month..so will I have problems when I return to USA?
 
My former institute (where I was a J-1) sent out a flyer warning J-1 scholars who have applied for, or obtained, a J-1 waiver against traveling. They said to travel at your own risk; some people had no problem at all getting back, while others did. I don't know the ratio, so it's best to talk to others in your situation. I never traveled while my waiver was pending, but I know one friend who did (to Italy) and came back with no problems.
 
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