IGaa Posted February 13, 2014 Report Share Posted February 13, 2014 I'm doing J1 waiver at a VA hospital. My H1b ends in September, 2 months short of completing the 3 year J1 waiver (which will be in November). Is the VA obligated to extend it for the 2 months since it agreed to sponsor the 3 year waiver? Or do I have to go through signing a new contract for a year or 2 and extending the H1b? I will be applying for PR (through marriage) as soon as my waiver ends and I would like the flexibility to relocate if we desire to post completion of waiver without going through an additional year. Any recommendations? Thanks Link to comment
futureeb2 Posted February 13, 2014 Report Share Posted February 13, 2014 The H1B can be extended for the two months you need. No need for 1 or two year extensions at all. Have everything "ready to go" so you can file the I-130 and I-485 immediately after completing your waiver. (Including the immigration medical exam, etc.) Link to comment
vagus123 Posted February 18, 2014 Report Share Posted February 18, 2014 Hi I am in the same boat. My H1b expires 11 days prior to completion of waiver. Do I have to get another H1b filed and renew the contract in order to fulfill the j1 waiver obligation? Link to comment
futureeb2 Posted February 19, 2014 Report Share Posted February 19, 2014 You need to do the three years of the waiver on H-1. Now renewing an H-1 for 11 days seems like overkill but what was your plan after that? Unless you can get a marriage-based green card, you probably will have to renew the H-1B for more than that. Link to comment
vagus123 Posted February 22, 2014 Report Share Posted February 22, 2014 No I will not have my greencard until 2015. I want to stay close to family for personal reasons. So I would just like to complete the waiver. Employer agreed to give me completion on july 31st and state dept. is ok with that rather than filing extension just for 11 days and they usually do not sponsor visa and id for me the 1st time as they really wanted to fill the position. Will USCIS consider this as completion of my obligation or will they hold be for those 11 days. OR do I have to return to home country for 2 years or redo the 3 years of j1 waiver both options are hard in my personal and family situation having a little child at home. appreciate any advice Thanks Link to comment
futureeb2 Posted February 25, 2014 Report Share Posted February 25, 2014 Remember that it is USCIS that grants the waiver upon a favorable recommendation from State Dept. So the State Dept being "ok with it" doesn't help you. What USCIS will want is proof you completed three years of waiver. These do not have to be consecutive. If your plan is to get a green card in 2015, at that time you will have to show that you finished the 3 years of waiver. I really do not know what USCIS will say about the missing 11 days. When applying for AOS, USCIS often asks for a letter form the employer proving you completed the 3 years. One option is to have your H1B renewed for those 11 days. Another is to take vacation outside the US for those 11 days, which should count towards your completion date if it is paid vacation. Link to comment
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