J2 status: unique case

R

ritu9

Registered Users (C)
Dear All,
One of my friends came to US on J1 visa, got married in the US to a J1 scholar, quit her J1 program after 2.5 yrs, went back to home country and came back on J2 dependent visa. Her husband applied for J1 waiver (no-objection) and included her on the application as J2 dependent. He has recently received the waiver.
My question is: Does she need a waiver for herself separately since she first entered the US on J1 visa? Or her waiver (J1 as well as J2) is granted alongwith her husband's?
Thanks for any input.
 
her waiver is related only to HRR that she has "earned" through her husband. She still needs the waiver from her first HRR.
 
Thanks for the reply LucyMo, but could you clarify a bit more?
Her status as J1 ended when she quit the program and went back to her home country. She has been on J2 status for more than 6 months. Aren't you supposed to apply for the waiver before your J1 status ends (as per the DS-2019), in normal cases?
 
no, you can apply for a waiver at any time. I applied for my waiver 9 years after my J-1 program (spent 9 years in F-1 status).
 
OK, I got your point, she can get a waiver even after her status ends.

Basic question: Does that mean that if a person comes on three different J1 programs to the US and one J2 program, he/she would have to get four different waivers before he/she becomes eligible to apply for H1/H4?

And coming back to the original situation, now that she has a waiver based on her J2 status, what does that entitle her to?
Is she eligible to apply for H4 status when her husband applies for H1?
Secondly, is she eligible to apply for H1 herself?

Thanks again for your input on this.
 
Does that mean that if a person comes on three different J1 programs to the US and one J2 program, he/she would have to get four different waivers before he/she becomes eligible to apply for H1/H4?

yes, she will have to get a waiver for each of the programs that made her subject to HRR. Not all J-1 programs make the person subject to HRR.

And coming back to the original situation, now that she has a waiver based on her J2 status, what does that entitle her to?

She still needs to get a waiver for her J-1 program HRR. After she gets it, she can apply for a change of status, H, L visas or GC.
 
Hi LucyMO,
Please refer to title "J1 waiver remain in the USA" wherein the following conversation between you and user "plys" took place. Please take note of staements in bold format.

plys
Hello, while I am waiting for my wiaver can I saty longer in the uSa even if my visa already expired?

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LucyMO
if your STATUS has expired, you will be out of status and cannot remain in the States to wait for your waiver. By the way, DOS requires proof of status before they look at your waiver application.

Now, if your visa has expired, but status didn't, it doesn't matter.

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plys
Sorry I dont get the answer!

My visa expires mid MAy, i have to be home in June.

if I get my waiver filled beforehand, can I stay longe (180days)?

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LucyMO
it seems that you don't understand the difference between a visa and status. Your visa is in your passport and it is a permission to ENTER the States within a certain period of time. Your status (the period indicated on DS-2019 and I-94) allows you to STAY in the US for a certain period of time.

So, if you enter and your visa expires, but status doesn't, you can still stay in the US for the duration of your status (I-94 and DS-2019).

If you file for a waiver and your status expires before you get the waiver, you cannot stay in the US. You will be out of status.


Its Ritu again. My question is: If she files for a J1 waiver and her status expires before she receives it, she has to go back to her country within the 30 days grace period. Will the DOS keep processing her waiver even after she has left the US? If not, how will she get the waiver at all if she wants to change her visa to the H categories?
I read somewhere in this portal that someone was processing waiver from home country during the 2 year HRR. How does that work out then?
Thanks a lot for any input.
 
Yes, DOS will continue processing the waiver. One can even apply for a waiver from abroad. Then, the individual will have to go through local goverment instead of the consulates in the US to get a no-objection letter.
 
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