J-1 Visa

J2 Visa Holder Applying for a J1 Waiver

by

I have J1 visa and my spouse J2 visa. Our visa expires on July 6, 2010 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in August, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

A J2 visa holder is not eligible to directly apply for a J1 waiver except in certain limited circumstances. You may apply for a J1 waiver and include your husband in the application. We can process the J1 waiver while you are in the US or while you are outside of the US. However, since your husband’s J2 visa status is depending on your J1 visa status, we will need to process the J1 waiver before your program end date and then we can obtain a change of status from J2 to F1 so he can study English.

Funding Repayment in Lieu of J1 Waiver

by

I came from South Africa on a J1 visa last September which was funded by the Department of State. I’m subjected to the two year requirement. I met my girlfriend who is a US citizen and we want to get married. I would like to get a J1 waiver by paying back the amount I received from Department of State. Can I do that?

I have some bad news for you. Paying back funding to get a J1 waiver or to avoid to home residency requirement altogether is not an option. The State Department wants J1 holders who entered through their programs to return to their home countries. You will have to apply for a J1 waiver if you do not wish to return to South Africa for two years. If you marry your girlfriend, she may be able to help you obtain a J1 hardship waiver. However, due to the fact that you had government funding, possibly Fulbright, the State Department is going to hold you to a very high standard when adjudicated your waiver petition. We have obtained J1 waivers for persons whose programs were funded by the State Department so we may be able to help you. You’ll have to contact our office so we can review your options with you.

F1 Visa After J1 Waiver Approval

by

I am a graduate student at USC and I am originally from Poland. I originally came to United States on J1 visa. I got a J1 waiver and changed to F1 visa. I don’t have any current visa in my passport. I need to travel home to visit my parents and was wondering how I should go about it? Will I have any trouble coming back to United States because I got the J1 waiver? Thanks.

Because you do not have a F1 visa in your passport, you will need to apply for a F1 visa at the US Embassy. While you should not have any additional difficulty in securing the visa simply because you obtained a J1 waiver, you will still need to prove to the satisfaction of the consular officer that you have strong ties to Poland and that you intend to return upon completion of your studies. This can be difficult to do if you do not have family or employment in Poland or you have already been in the US for an extended period of time.

J1 Waiver (Hardship) for Physicians

by

I was recommended by Dr. Singh. We both on J1 visas and are both working in the same clinic. You helped her secured her J1 waiver through hardship to her US citizen husband. We both married to US citizens. I spoke to Dr. Singh. After knowing her hardship is merely a financial hardship, you were able to get her case approved. I feel encouraged. I have a child who required medical attention due to a heart defect. She can only get very limited treatments in Pakistan- my home country. My wife is suffering depression and can barely hold a job for a long term. We have student loan and other debts as well. If I to return back to my home country, my wife will not be able to take care of our daughter here by herself. If we all return, my daughter’s condition may get worse and we’ll not be able to pay the debt. Please let me know if you think that I have a good chance to pursue a waiver.

Based on the hardships you have described, medical hardship, psychological hardship and financial hardship, it sounds like you have a very promising case. In some hardship cases, if you have both a US citizen spouse and one or more US citizen children, USCIS seems to be more lenient about proving exceptional hardships. However, in your case it does sound like your family would suffer exceptional, if not extreme, hardship if you were required to return to Pakistan for two years. Contact my office. We will be able to assist you in this matter.

J1 Waiver for a J2 Holder

by

I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it’s not possible to process the case without you.

Subject or Not Subject to the Two Year Home Residency Requirement

by

My visa says that I’m subject to the 212(e) rule but I’ve heard that it’s possible that I’m not subject to the 212(e) rule. I need to legal represent ion on this. Please let me know if you can help me.

Whether or not you are subject to INA Section 212(E) is determined by your program type, who funded the program, the purpose of the program and your nationality. The indications on your J1 visa and DS-2019 are usually correct but not always. Moreover, those indications are not binding. So if your visa says that you are subject but you feel that you are not, we can help you to obtain a binding legal opinion from the US Department of State to indicate that you are not subject to 212(E).

Change of Status From J1 Visa to H1B Visa in the US

by

Hi, I have a J1 visa and am a trainee with a Hotel. I want to change to a work visa like H1B but my J1 sponsor told me that I can’t change to H1B. Why is that? Do I need a J1 waiver? My paperwork says that I am not subject to the home residency requirement.

Regardless of what your paperwork reads (the J1 visa or the DS-2019), you may still be subject to the two year home residency requirement. However, if you are not subject then there is no restriction on applying to change your status to H1B or other visa type regardless of what your program sponsor tells you. Most program sponsors do not want people to change their status in the US because they believe, incorrectly, that they may lose their ability to sponsor J1s if too many J1 visa holders do not return to their home country.

Change of Status from J1 Visa During the 30-day grace period

by

I just finished working for a hotel chain in J1 which is now expired. I was hoping you could help me change to student visa. Is it possible?

Upon completion of you J1 program (the end date on your DS-2019 form), you have a 30 day grace period. We can help you change to F1 visa status during your grace period so long as the start date for the F1 falls within the grace period.

J1 Extension While J1 Waiver Pending

by

I’m currently holding a J visa from ECFMG which will expire October 7. I’m in the process of getting a J1 waiver through the Conrad 30 program. I know I need the H1B visa before I can start the waiver job but I’m worried that my J1 will expire before I get the waiver. Can I extend the J1?

Yes, the ECFMG should be able to extend your DS-2019. This goes for all J1 visa sponsors, not only the ECFMG.