Never Been To Home Country

palciparum

Registered Users (C)
Hi

I am doing residency on J-1 and have never been to home country due to fears of getting rejected...has anyone ever been rejected if u go back to renew J1(visa stamping) after 3-4 years??

Also if I take J1-1 waiver job, can I continue here till I get green Card or I have to CUMPULSORY go back to home country to stamp H1 visa?

And if I can stay here on H1 visa (j1 waiver obtained), on what document obtaine dfrom US(like EAD??..) can I go back to home country with the need of getting H1 visa stampe don passport before I get a green card???
 
palciparum said:
I am doing residency on J-1 and have never been to home country due to fears of getting rejected...has anyone ever been rejected if u go back to renew J1(visa stamping) after 3-4 years??

Do you have any particular reason why you have to worry about getting your J1 stamped ? (I didn't go home after I got married here in the US as this is considered an expression of 'immigration intent'). Now, if you are from certain countries (e.g. Syria) you have to worry about the length of the background check, but other than that renewal of a J1 is pretty straightforward.

Also if I take J1-1 waiver job, can I continue here till I get green Card or I have to CUMPULSORY go back to home country to stamp H1 visa?

You can just change your status to H1b once you go for a waiver job. If you need to get an H1b stamp (e.g. bc you want to attend conferences abroad or in canada), you can go up to Canada to get your H1b stamp.

And if I can stay here on H1 visa (j1 waiver obtained), on what document obtaine dfrom US(like EAD??..) can I go back to home country with the need of getting H1 visa stampe don passport before I get a green card???

Could you re-phrase that question.
 
Let me first thank you for prompt reply.

(1) I didn't go back just because I am paranoid about getting rejected...no other reason. I am from India and got married in India. My brother is green card holder. Now I am scared its been 3 years since I went back, the visa officer will question me a lot and reject my J1 renewal..I don't know how true my fear is?!!!

(2) Let me re-phrase this question..."And if I can stay here on H1 visa (j1 waiver obtained), on what document obtaine dfrom US(like EAD??..) can I go back to home country with the need of getting H1 visa stampe don passport before I get a green card??? "

I intend to ask I take waiver job and continue on H1 visa here(without going back to home country), what document do I need and after how many years of waiver job will I get it(eg: EAD...) so that when I travel back to home country I dont need H1 visa stamped(so that I dont have to face visa officer ever again in my life) !!!

(3) Also can I take a break in J1 between residency and fellowship say for 10-12 months...is it allowed or is it staright 2 years that I need to spend in home country even if I have to come back on J1??

Too many questions..but will appreciate your invaluable input!!!
 
Wow, those guys at the consulate in india really spooked you !

That said, it is a nerve-wrecking experience to go to the consulate. However, getting a H1b as a physician is a whole different ballgame. I had all the explanations for every minor discontinuity in my J1 validity, the fact that I hadn't been in my home country in years had given up my primary residence there my passport saying 'Boston, MA' as place of issuance etc laid out in my mind. So I went to the consulate to get my H1b stamped, they took my paperwork and let me wait 3 hours (I read every f%$&*g tax form they had laid out in the waiting area) and then called me for an 'interview'. My legs shaking I walked up to the window. The consular officer said the following things:
- you have been in the US for while, haven't you.
- I didn't even know you can be on a J1 for such a long time
- I'm glad you are going to pay the taxes that pay my salary
- I approved your visa but we batch-print them in the evening, it will be in the mail tomorrow.

So, don't worry. All the stuff like maintaining non-immigrant intent etc that you have to worry about for the J1 stamping are pretty much moot for the H1b. You have your approved I129, you go there, you get a visa, end of story.

If you really really never ever want to talk to a consular officer, you will have to wait until you get your first travel document (advance parole). That, you will get at the earliest 3 years and 3 months after you start your waiver job. With that, you don't have to face a consular officer ever again (however, you might have to face a 230lb bald goverment goon when they take you back to the 'secondary inspection' area at the airport. APs get forged so often that they at times give people some special treatment)

If you really want to have it easy, wait for your plastic green-card to arrive. That takes about 5 years after starting the waiver job. But then you are pretty much set. They might ask you whether you still work for your sponsoring employer, but the first time you enter on your green-card (or immigrant visa), they actually tell you 'on behalf of the citizenship and immigragion service: welcome to the united states of america'. I found that kind of endearing.
 
Oh, and for taking a 12 month break: to my understanding, all this would do is NOT reset your J1 clock, but if you still haven't used up your 7 years you could return on a J1 to do a fellowship.

I know people who did something else: They went back after residency, worked as junior attendings in india and then came back for their fellowships either on H1b or on a green-card sponsored by a prospective employer.
 
Top