URGENT!!! Serious issue related to J1 HRR

S

sdr22

Registered Users (C)
Hello All:
This question is of crucial importance our my personal life. Please try to help.
My fiancee was in the US as a post doctoral fellow in a US university between June 2000 to July 2002. Her IAP-66 and visa stamp both said that she was exempt from the 212e clause or she was not under the perview of the 2 years HRR. While she was here we tried to get all the papers for J1 waiver together and found that the none of the questionairres applied to her. Therefore we wrote to the state department in April 2002 asking for clarifications. Her tenure got over in July 2002 and after she returned to India we received a letter from state department saying that she indeed has the 2 years HRR requirement :(. She is currently employed in a government University in India. We are planning to get married this August.

We both want her to come to the US ASAP. At this point we want to understand what are our options.
1. Do you think it makes any sense at all to apply for the H4?
Since the same embassy in India has stamped her exempt, is there nay chance that they will stamp the H4 visa?
2. Is there a lawyer who we could consult regarding this?
3. If she does get a H4 and come over here- what are the chances of getting a J1 waiver for the earlier J1 stint?
4. I understand she can possibly reenter US again on a J1. If she does that can she still file for and successfully get a waiver for both her earlier and then current J1?

We are a loss as to what should be the best way to approach this issue. Any J1 gurus around or anybody with similar experience please help....

Thanks in advance.
 
hi,

1. If the advisory opinion says she is subject to HRR, she has to get her waiver first. I dont think she can come here on H4. Its the DOS' opinion that rules.
2.yes, you could consult an attorney for an opinion like Rajiv Khanna.
3.Not sure
4. I wonder if she can get onother J1 before getting a waiver.However if she gets one, she has to get waivers for both.

Since you said you already gathered all papers for waiver, it would be wise to apply for the waiver right away. DOS and INS is taking much less time than before to approve a waiver, ofcourse depending on the type of waiver.
 
Hello,
But, can you file waiver if you are already out of the country?Thanks

Sumit
 
You must log in or register to reply here.
Top