Waiver timeline: Please Help!!!

U

Udy

Registered Users (C)
Hi everyone!
I want to thank you all again for all your advice on this forum. You guys are awesome! :)
Following your advice, my wife and I were able to extend our J1 visas from a masters program which was to end My 2006. Now, we are both in the PhD program in the same school, and our DS 2019 has been extended to 2010.(We were on World bank scholarshp for the masters program, but our current sponsor is now our university, where we have graduate assistantships).

My questions are:
1. My wife and I would like to start the waiver application process NOW. Is this a good idea, or should we wait until say, 2009?
2. What visa status will we be on after we receive the waiver, since we will still be students, and therefore will not be able to change to H1B (which I presume requires having an employer, or am I mistaken)?
3. Now that we have a new sponsor, which sponsor will be relevant for the waiver process? (Our current sponsor has agreed to write us a letter of release in order to obtain the NOC from my country's embassy at DC).

I'm really worried as to what step to take next. Please respond at your earliest convenience.
I'm counting on you guys again!
Thanks! :confused:
 
Not too soon

1) Since you both are now in new PhD programs, you should not appply for the J1 waiver immigiately. You may want to apply for J1 waiver at least one year after in the new J1 program. Also, if you begin the J1 waiver process too soon, there may be a problem potentially for your future J1 visa/status renew/extension.

2) You may have to keep J1 status during your PhD study, because you can not change to other visas like H-1B without an US employer, that is also another reason that you do not want to start the J1 waiver process too soon.

3) The current sponsor should be relevant for your J1 waiber for the No-Objection waiver application. The key point here is to get a J1 waiver, even you changed the J1 program.

Also see http://www.greencardapply.com/question/question06/question06_0817.htm


VectorP
www.greencardapply.com
www.greencardfamily.com
 
I agree with you + more info

vectorP said:
1) Since you both are now in new PhD programs, you should not appply for the J1 waiver immigiately. You may want to apply for J1 waiver at least one year after in the new J1 program. Also, if you begin the J1 waiver process too soon, there may be a problem potentially for your future J1 visa/status renew/extension.

2) You may have to keep J1 status during your PhD study, because you can not change to other visas like H-1B without an US employer, that is also another reason that you do not want to start the J1 waiver process too soon.

3) The current sponsor should be relevant for your J1 waiber for the No-Objection waiver application. The key point here is to get a J1 waiver, even you changed the J1 program.

Also see http://www.greencardapply.com/question/question06/question06_0817.htm


VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...

Thank you very much, VectorP. I have looked at those links...
1. I agree with you about the one year wait. We just completed one year of the PhD program this May 2007 (May 2006 to May 2007). Does that mean we can start the process? Our current VISA expires July 2008 (However, our DS2019 expires My 2010). Is it wise to start the waiver process before we go to Canada next year to renew our visa, or should we wait until after the renewal?

2. Thanks. But my concern is whether we can keep the J1 visa status AFTER we successfully receive the waiver, and then change it to H1B AFTER we complete the PhD program in the next three years and get a job???

3. Thanks for this clarification. My current sponsor has agreed to write me a "letter of release". It will be ready next Tuesday. If you give me the go-ahead to start the process, I can send the letter to my embassy in order to obtain the NOC.

Please what do you all think???
I really need help here.
Thanks!
 
Hello

You can apply for waiver. Even if you get a waiver, you can stay in your own J1 until it expires without any problem.

You must remember that you cannot extend your J1 beyond 2010 once you receive a waiver. So keep in mind that you must get a H1B after the DS 2019 date of 2010.

Visa expiration is not an issue as long as you have a valid DS 2019.

Best
 
Thank you, sri2377 (One more confusion: J1 > H1B)

Thank you, sri2377. I really appreciate your advice.

Please after I recieve the waiver, I plan to go to Canada to renew my J1 visa in 2008.
1. Will the new J1 visa still have the 2 year HRR?
2. Should I instead try to get an F1 visa next year?
3. At the end of my program in 2010, can I get a post-doc employment and change my J1 visa to H1 within the US?

Thanks everyone.
 
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