J1 waiver & travel

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sunny1971

Registered Users (C)
My wife (J1 visa) is planning to go to India in July (for a month)....Her DS2019 is valid till Dec 2008 (and she does not intend to change her job). However she has also filed for J1 waiver which hopefully will be approved by the time she goes.

- Could this create problems for her during her return to USA?
- Would she be eligible to return on J1 visa (which she would have to get stamped since the earlier one on her passport has expired) or will her visa be converted to H1 (which happens after J1 waiver)..
 
No she has not got H1 and nor does she intend to get H1 until Dec 2008. She only had to apply for waiver since I am on J2 and had applied for H1 which has got approved.
 
please reply!!!

sunny1971 said:
My wife (J1 visa) is planning to go to India in July (for a month)....Her DS2019 is valid till Dec 2008 (and she does not intend to change her job). However she has also filed for J1 waiver which hopefully will be approved by the time she goes.

- Could this create problems for her during her return to USA?
- Would she be eligible to return on J1 visa (which she would have to get stamped since the earlier one on her passport has expired) or will her visa be converted to H1 (which happens after J1 waiver)..
Click to expand...

Can anyone please reply to this query??? I am in a similar situation, and I have got all three NORI letters, but didn't apply for waiver yet to avoid problem while returning back to US or during visa stamping in India as it expired on my passport.

Thanks
 
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 to your home country. 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.
 
Thanks much for the prompt reply.

I have not yet applied for the waiver to the DOS. I just got the NORI letters from my home country, India. I didn't even take the case number for the same. Is it okay to visit India in this situation and go for visa stamping? I have two more years of extension on my DS-2019, but on my passport it expired. Thatswhy I need to go for stamping. Please advice.

Thanks again!
 
In that case you should have no problem except for standard visa processing times that can take a while (interview scheduling, security checks, etc)...
 
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