Travel after J1 favorable recommendations

J

jay_malhar

Registered Users (C)
Dear Friends,
1st of all thank you for all the help during my waiver process.
My J1 waiver just got a favorable reco. on 8th Dec 2008. I do not intend to apply for a immigrant visa, I got my waiver to get my wife's visa changed from J2 to H-1 till she finishes her fellowship.

Now, my DS-2019 is valid till October 2009. I need to go to India in Feb.2009 for 1-2 weeks. However my J1 stamp has expired.
It would be a great help if you can guide me regarding following questions:
1.Can I get a J1 stamp again if my waiver is already approved and fav. recos. are already given.
2. Will it be a problem to re-enter US (is it legal to begin with)

Thanks
 
You might definitively run into difficulties obtaining a visa stamp and re-entering since the J1 waiver is considered immigrant intent.
 
Thanks. I understand that my chances are poor.
Is there any way I can confirm things with US authorities here? or any other option to get things clarified?
 
jay_malhar said:
Dear Friends,
1st of all thank you for all the help during my waiver process.
My J1 waiver just got a favorable reco. on 8th Dec 2008. I do not intend to apply for a immigrant visa, I got my waiver to get my wife's visa changed from J2 to H-1 till she finishes her fellowship.

Now, my DS-2019 is valid till October 2009. I need to go to India in Feb.2009 for 1-2 weeks. However my J1 stamp has expired.
It would be a great help if you can guide me regarding following questions:
1.Can I get a J1 stamp again if my waiver is already approved and fav. recos. are already given.
2. Will it be a problem to re-enter US (is it legal to begin with)

Thanks
Click to expand...
If your stamp is not expired (which is not the case), you will have no problem. But being even applied only for waiver (whatever the outcome: approval, denial, pending), you will have a big trouble obtaining new visa stamp. I do not think there is stated law anywhere you can check with and it is up to the consulate overseas to stamp your passport or not and you may get conflicting answers if you explored it further.
The philosophy behind that, my opinion, is by obtaining waiver (or favorable recommendation) you are almost truncated your current J and you are in the process to apply for H or GC. Any play with your waived J (extension, transfer, obtaining stamp ...etc) suppose to invalidate your waiver which is issued based on certain parameters. Those parameters, USCIS opinion, may change with the new situation happened to your J. Additionally as said, you already showed intention to immigrate by applying to waiver, then immigrate and apply for H.
If a person after obtaining waiver can not get H or GC, he/she will be considered by the eyes of the USCIS, unqualified enough and to give him J stamp is waste. If your travel is urgent, just travel and carry the risk, if not, find a way for GC or H visa first.
 
This is from the NIH guidelines for their visiting fellows. Opinions may differ, of course.

"Once you submit a waiver application to the DOS, please note that you have initiated a waiver, whether or not you follow through to complete the process. Requesting a waiver is incompatible with the J-1 exchange visitor program goal of returning home. Therefore, you may not be successful in applying for any further J-1 visas abroad or be re-admitted to the United States in J-1 status. You must be aware that if you leave the U.S. in these circumstances, you do so at your own risk."

Emphasis in boldface is my own - this applies even if your current J visa stamp is valid. I know this is a dated thread but I thought the information might be useful.
 
If your entry visa has expired and you leave the US, you need to re-apply for another entry visa to re-enter the US. You have to make sure than you DS-2019 is still valid and you get supporting letters from your supervisor and from your employer. You will need those for your entry visa application.
 
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