Travel during J1 Waiver

[dananthak]

All:
My wife has obtained a J1 Waiver position, hopefully next summer
if she gets the waiver.

After not having been to India for the past 6 years(Res + Fellowship),
she'd like to visit India for a month after she gets an H1 approved.

Two questions:

0. Is this advisable? Is there a greater chance of denial at the Consulate
since she was on J1?

1. Is it possible to get a travel document/AP in this case?

Thanks in advance for your help.

-Ananth

 

[MDGUTS1307]

You can travel

Your wife should be able to travel to India on H-1. If she gets the H-1 issued outside the US (prior to starting the waiver) then she will have a 3 year period during which she can travel in and out easily.

However if H-1 was issued within the US (i.e. no stamping) then she will need to get it stamped in India prior to coming back. It should not be a problem, but there are always some risks involved. Others can pitch and comment on this.

Other option may be get H-1 stamped in Canada or Mexico before going to India. There is always a risk that if H-1 stamping is refused at the embassy in Canada or Mexico then one cannot come in here.

Do not use EAD/AP until her 3 years on waiver are completed. Spouses can use this but not the principal applicant doing the J-1 waiver.

 

[murlakshmi]

I was in the same situation. After obtaining waiver, I went to India, stamping done no hassle. You need to carry all documents with you including J1, H 1 petiton and IAP 66, Tax and what ever you can think of! take a letter from your employer requesting the consular officer to process your visa fast! dont know helps or not but I took it from VA! best of luck!

 

[posmd]

As above, I think it should not be a problem. I got stamping done without any difficulty in my home ocuntry. H1b is a dual intent visa but once it is approved in the USA it is seldom denied at the consulate post. The main point the consular officer was interested in was that I had my J1 waiver approved, he requested confirmation of this. I agree that you should take all your documents with you, the more the better, if you can think it take it!
Never spend a single day during your 3 yr waiver in anything but approved H1b status otherwise your waiver is null and void and you could have big problems in 485 stage or CP, whichever applies.