Travel outside US during J1 waiver under progress

D

DrGeotech

New Member
Hi friends!

First of all thank you very much for your constant help...

Can any one travel outside US while their J1 waiver application is under progress?

In my case, I have received NORI's from 2 agencies and waiting for the 3rd one. Mean while I also applied for the case number with DOS.

Now I am in a situation that I have to go to India in December. Can I travel during my visa waiver is under process. Please help me out in this dilemma.

Thanks in advance
 
Applying for a visa waiver can be seen as having immigrant intent. If you try to re-enter on your J1, you can later be accused of fraudulently entering the US with immigrant intent on a non-immigrant visa once you try to do adjustment of status. You should talk to an attorney.
 
Thank you very much for your prompt reply Nscagony!

I learnt that there is a high risk involved. I will talk to an atorny before I move further.

Thank you once again.
 
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. I know this is a dated thread but I thought the information might be useful.
 
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