Second J1 !!! Is it possible?

[sri2377]

Hi all

I have been reading about the second J1 programs. My situation is a sort of confusing right now.

I am a non-medical J1 scholar. My husband is in J2 and has a job.

My waiver process is right now at the last but one stage.. Waiting for DOS recommendation. It can take ages....

I have also applied for advisory opinion which is also pending.

Meanwhile, my husband's company has filed a H1 B for him along with the crowd of 150,000.

Since everything has become lottery, there is less than 50% chance for my husband to get H1B even if the DOS recommendation gets through. I understand, the DOS recommendation is enough to file H1B petition.

My J1 is up to June 2008. Since I have applied for waiver, I cannot get J1 extensions anymore.

My questions are

1. Can I get to enter a new J1 program sponsored by the same university - different topic? so that it maintains my husband's status too.

2. If so, even if I get a waiver for old J1, it becomes void if the next (new) J1 is subject to HRR. Am I right?

Kindly give me suggestions to extend my stay here. If not with H1 but with perhaps another J.

Thanks

 

[mmed]

Hi all

I have been reading about the second J1 programs. My situation is a sort of confusing right now.

I am a non-medical J1 scholar. My husband is in J2 and has a job.

My waiver process is right now at the last but one stage.. Waiting for DOS recommendation. It can take ages....

I have also applied for advisory opinion which is also pending.

Meanwhile, my husband's company has filed a H1 B for him along with the crowd of 150,000.

Since everything has become lottery, there is less than 50% chance for my husband to get H1B even if the DOS recommendation gets through. I understand, the DOS recommendation is enough to file H1B petition.

My J1 is up to June 2008. Since I have applied for waiver, I cannot get J1 extensions anymore.

My questions are

1. Can I get to enter a new J1 program sponsored by the same university - different topic? so that it maintains my husband's status too.

2. If so, even if I get a waiver for old J1, it becomes void if the next (new) J1 is subject to HRR. Am I right?

Kindly give me suggestions to extend my stay here. If not with H1 but with perhaps another J.

Thanks

If you applied for waiver, then you showed intention to migrate, You can not apply for another J for the rest of your life whatever the decision of the DOS was regarding your waiver application. If your waiver granted (and I am sure you will get it soon, long time before the expiration of your J), then you can not extend, transfer or apply for any other J. Almost the only way after the waiver is H or GC.

 

[mmed]

The only point I forgot to mention regarding the second J is what is called bar. Any one with J visa can not get another J unless he return back for one or two year bar (depending on his J). If you already extended your J mostly you are subject to two year bar (something different from the 2 year home country residency requirement which you already applied to be waived from). Again, if the person just applied for waiver (granted or denied, he/she is not allowed to apply for any other J.
The system made that to prohibit transfer from one J to another and the person by this will stay forever on J status which invalidate the idea of J visa (exchange of knowledge between countries and US)

 

[sri2377]

Thanks for the information. Looks like the situation is pretty dangerous for my husband. I am in academics. So I can get H1B easily and it is out of the cap.

But for my husband,.... God only knows. If he doesnt get it this time, then we will have to try next time with the waiver, once again it is a lucky shot.

Atleast now I have time to think of other alternatives....

thanks once again mmed.