J2->F1->Canadian citizen->H1B in the U.S.->Change of Job

J

jlsu

Registered Users (C)
HI everyone ----I'm in a super sticky sitation right now.

I came to the U.S. on J-2 in 1994 with my Mom who was a J-1 holder. I later on switched to F-1 for high school and three years later immigrated to Canada with my parents and became an Canadian citizen. She wasn't able to get the No Objection Letter and didn't return to the home country to stay for two years either.

I started working in the U.S. five years ago on H1-b visa. Recently I've been contemplating on switching to a different company. But the lawyer at the new company said that I would have to have my Mom get J-1 waiver, otherwise I wouldn't be able to transfer (and apparently, he said that it was an oversight by the lawyer of my current company when they applied for my H1-B. I should not have been granted H1-B five years ago when I moved to the U.S. to work).

But the problem is - because my Mom is a Canadian citizen now, her home country refuses to issuer her a No Objection letter. Therefore, she can't get the J-1 waiver. And because I had J-2 before, I'm impacted as well. So I wanted to know, if there's anyway that I can proceed with H1-B transfer to the new company? I read somewhere that if someone has transfered from J to F visa, then HRR is exempted?

Any advice would be highly appreciated!!
 
You might need to talk to a lawyer, but a couple of pieces of advice are:

1- You might benefit from requesting an advisory opinion from the DOS. Because you were under 18 as a J-2, they might look at your case differently. But there is no law that stipulates an advantage based on age, though.

2- I don't know if you are aware of this but the DOS - in certain circumstances - allows J-2 holders to apply for waivers separately from the J-1. Such situations include a- a J-2 spouse getting a divorce, or b- a J-2 child under 21 who then reaches 21 years of age. In other words, you qualify to apply for a waiver yourself, but you will still need your mom's IAP66 and other J-1 info. But I would try the advisory opinion route first.

Lastly, you write "I read somewhere that if someone has transfered from J to F visa, then HRR is exempted". This is absolutely false.

Good luck.
 
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Thank you for your advice!!

To your 1st point, do I just email or write to the advisory opinion from DOS?
To your 2nd point, since I became Canadian citizen as well, my home country also refuses to give me a No Objection Letter, neither would Canada embassy. In that case, is the only way out to have my Mom go back to the home country and stay for 2 years?

Thank you soo much!
 
See how to apply for an advisory opinion on this page:
http://travel.state.gov/visa/temp/info/info_1288.html

In your case, you will need to include your birth certificate with certified translation. Copies of your original country and Canadian passport, and Canadian documents indicating date of entry and date of naturalization will also help, along with the stuff they require.

The second point is a bit tricky. According to the law, if a J-1 is subject, then a J-2 is also subject (as you know) This means that not only your mom but you yourself would need to return for 2 years. On the other hand, if the J-1 gets a waiver, then the J-2 gets one as well, but that seems not to be an option in your case.

Are you still a citizen of your original country? Or did you lose it? If you lost it, that may help you obtain a "not subject" verdict on an advisory opinion, but that's just a guess. Try it and see!
 
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1. Would requesting advisory opinion jeopardize my current H1-B status? Since I'll have to submit all the relevant documents.

2. Are you sure that the 2 yr HRR applies to J-2 as well? Is that specifically stated on the DOS website ? I'm getting super nervous now..
 
1. I don't know the answer to that. I also don't know if you would need to submit your H-1 documentation, as opposed to your old J-2 visa with THAT passport as well as your mother's J-1 documentation. You can send all of that information from Canada with a Canadian mailing address perhaps, to be on the safe side.

2. Yes, a J-2 has the same HRR requirements as a J-1. There's nothing to be nervous about because you know this already. There is nothing new in this information, that's the reason you posted to this page!! Right? :) If you were not subject to HRR yourself, you wouldn't have the problem with your new H-1B. Only your mother would.
http://travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf
 
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