Please help me!!!

Y

yermax

Registered Users (C)
Hi,
I checked FAQs, but I could find an answer to my question. Please help me.

I was on J-1 visa with 2-year home residency requirement (fellowship). I tried to get a waiver based on "No objection" letter, but it was denied.
Then I received a job offer from public library (government-funded institution) and applied for H1B. It was approved, but they kept 2 year home residency requirement. Frankly speaking, I still can't believe that it was approved.
Anyway, I'm in the states for almost a year now on my new H1B visa. My employer wants me to work for the library indefinitely or as long as I can. They are willing to start Green Card process, but because of 2 year requirement we cannot do that. That's why I would like to try to get a waiver again based on "No objection".
However, I'm trying to think what could possibly be a good reason for me to use in a letter to DOS. The only reason I can think of is that I like it here, I want to continue working in the USA and hopefully to stay here. It's true. Soon I'll have a baby born here and baby's future is another reason for me to stay here.
Do I have any chances getting the waiver based on these reasons? Will the first denied waiver stand in my way?
I don't know what to do. Please help me.

Thank you in advance.

Sincerely,
Max.
 
hi max,

I haven't heard of a waiver being rejected on NO objection basis yet. Did they state why they had rejected? Just curious!

There are just three or four criteria, as mentioned in DOS website, which cover the rationale for issuing a waiver. I am sure DOS would not really care for the explanatory letter saying you really like to stay in US becos you like it. Who doesn't anyway? No offence, that's the way it is.

Check if you could get your waiver on any other grounds? or why were you rejected in the first place; could you work around that and appeal?
good luck
Just an opinion
 
Thank for your response

Hi Streddy,

Thank you for your response. I don't think that they stated the reason why waiver application has been rejected, but I think that it has happened because my J visa has been sponsored by American government or something like that.

I doubt that I'll qualify for any other grounds. I'm neither a famous scientist nor a political fugitive.

I'm not sure yet how, but I'll try to work around rejected application.

Who knows maybe I'll get lucky this time. :)

If you have any suggestions or ideas I'll appreciate it.

Regards,
Max.
 
I'm just curious, how was it possible for you to obtain an H1b before obtaining the J1 waiver??
I agree, try to figure out why your waiver was rejected first.
Do you think you could apply for an O1? It wouldn't solve the waiver problem (you won't be able to aplly for a GC before obtaining the waiver), but it would allow you to stay in the country as long as you want (it's validy for 3 years, but can be extended every year after this period). Good luck.
 
I wish I knew how was it possible for me to obtain an H1b before obtaining the J1 waiver. But I got it. :)
They kept two-year home residency requirement though.

I seriously doubt that I'll qualify for O-1 visa. If I'm not mistaken O-1 is for people with extraordinary skills or something like that, while I'm just an ordinary systems administrator in small public library. Nevetheless, I'll investigate this possibility.

Thank you.
 
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