Hello friends,
I need your urgent assistance with a few questions related to J1 waiver and H1b filing status and would really appreciate all your possible help:
Our case is as follows:
My wife is on J1 visa (research scholar) and Im on J2 with work auth. She has been in US for 3 years now and J1 validity is for a total of 5 years. However her current DS2019 is upto June 07 and her employer has said that he does not have funds to continue beyond June 07 and that she must start looking for another job.
I am also trying to get an H1B visa (hospitality industry - hotels) and have an interested employer.
Now the questions that I have are as follows:
- J1 waiver: if my wife applies now (in next 2-3 days) for waiver (she already has the No objection certificates from home country--this would save time), how long it will take for approval. Will we get the approval by the time the H1B filing lasts (last year it got exhausted in May26th)
- What are the chances of getting the waiver...since she herself does not actually require the waiver, but for me to get H1B, a waiver is required.
- Statement of reason for J1 waiver: What reason should she give for asking for waiver? (is it ok to mention that spouse’s H1B is tied to it) i.e I am trying to get H1B sponsorship which is only possible on approval of waiver.
- At what stage of the waiver can my wife apply for her H1B status and/or extension in her program/ look for another job.
- Upon submission of J1 waiver application, can H1B employer (for me) file petition for H1B visa?
- If Waiver is denied----will my wife's J1 program continue and for the full duration of 5 years period?
- Does DOS check with University about the remaining duration of program. What if Univ says that program funds are not sufficient to continue….will the waiver still be processed on the basis that 1.5 years are still remaining in J1 program and that she can find another position
- Once waiver is filed and not approved by the last H1B petition date (in my case)…..can we request for discontinuation of waiver processing so as to remain on J1 and thus I can maintain J2 status.
I know these are a LOT of questions.....but any help with any question will really assist us........
I look forward to your advise.
I need your urgent assistance with a few questions related to J1 waiver and H1b filing status and would really appreciate all your possible help:
Our case is as follows:
My wife is on J1 visa (research scholar) and Im on J2 with work auth. She has been in US for 3 years now and J1 validity is for a total of 5 years. However her current DS2019 is upto June 07 and her employer has said that he does not have funds to continue beyond June 07 and that she must start looking for another job.
I am also trying to get an H1B visa (hospitality industry - hotels) and have an interested employer.
Now the questions that I have are as follows:
- J1 waiver: if my wife applies now (in next 2-3 days) for waiver (she already has the No objection certificates from home country--this would save time), how long it will take for approval. Will we get the approval by the time the H1B filing lasts (last year it got exhausted in May26th)
- What are the chances of getting the waiver...since she herself does not actually require the waiver, but for me to get H1B, a waiver is required.
- Statement of reason for J1 waiver: What reason should she give for asking for waiver? (is it ok to mention that spouse’s H1B is tied to it) i.e I am trying to get H1B sponsorship which is only possible on approval of waiver.
- At what stage of the waiver can my wife apply for her H1B status and/or extension in her program/ look for another job.
- Upon submission of J1 waiver application, can H1B employer (for me) file petition for H1B visa?
- If Waiver is denied----will my wife's J1 program continue and for the full duration of 5 years period?
- Does DOS check with University about the remaining duration of program. What if Univ says that program funds are not sufficient to continue….will the waiver still be processed on the basis that 1.5 years are still remaining in J1 program and that she can find another position
- Once waiver is filed and not approved by the last H1B petition date (in my case)…..can we request for discontinuation of waiver processing so as to remain on J1 and thus I can maintain J2 status.
I know these are a LOT of questions.....but any help with any question will really assist us........
I look forward to your advise.