Maximum duration & waiver questions

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kkj44

Registered Users (C)
I'm on my 3rd year as a J-1 Research Scholar. A different US university has offered me a postdoc position after my current 3 years are up, but I'm not sure what options I have in terms of visa. I am also marrying a US citizen, but I don't know whether or how I can use that to my advantage.

When they say the maximum duration for a J-1 Research Scholar is 3 years, does that only apply to my current position? Or does it mean I cannot apply for another J-1 visa from a different university?

And if I cannot apply for another J-1, is my only option to get a No Objection waiver and apply for a H1B visa? If I apply for the waiver today, is there a reasonable chance I can get it approved in time to apply for an H1B this year?

Finally, if I get a No Objection waiver, will it only be good for getting a H1B, or will it also allow me to get a spouse visa?
 
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1- There is something called the "1-year rule" which prevents you from getting a new J-1 visa until you've spent at least 1 year at home (this is separate from the home residency requirement), but there are so many exceptions to this rule that its usually easy to get around. In your case, you would be transferring because you should be able to do another 2 years on a J-1 (max is 5 years). However, as Lucy said, you should consider a less-restrictive option.

2- If you cannot get another J-1, yes you should get a No Objection waiver (if you want to stay in the US, that is). Once you get it, you can change status to anything, including letting your bride sponsor you for a green card (spouse immigrant visa). But you need the waiver first.

3- If your new job is at a university, you do not need to worry about the H-1B cap, since universities are considered non-profit organizations and, as educational institutions, are exempt from the cap anyhow.
 
Thank you both for the help.

However, it says here that the max duration for J-1 for Research Scholars is three years. Is there a separate provision saying it can be extended to 5 years?
 
kkj44 said:
Thank you both for the help.

However, it says here that the max duration for J-1 for Research Scholars is three years. Is there a separate provision saying it can be extended to 5 years?
Click to expand...

Your sponsor can extend it to another 2 years to a total of 5 years (may be more)
 
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