J1 Visa Waiver

[ramyasat84]

Hi,

I am currently on a J1 visa in the US at ****** as a visting researcher. My visa expires on July 15, 2013. I am subject to the two year home residency requirement.

My partner (we aren't married yet) has just landed a job in the US and will be moving here in the fall. Therefore, I have to apply for a waiver.

Given the timeline of the waiver process, I wanted to know

1. If my waiver would be adversely affected if I move to the US with him on a B1/B2 (I already have a 10 year B1/B2)?

2. Would anyone know how the process of obtaining the NOC changes if one is in India. Does the applicant have to go the offices themselves to obtain the NOCs or are the NOC's mailed to the applicant? If the applicant is in India, then the NOC would have to be sent to the US consulate?

3. My partner will apply for an H1B, would he have to reflect his marital status on the form? And would it a problem/lengthy process to get that changed once we get married? I.E. would it make sense to get married before he applies for his H1B?

I look forward to hearing from you.

[drramki]

I can answer for your question #2. 

 

2. Would anyone know how the process of obtaining the NOC changes if one is in India. Does the applicant have to go the offices themselves to obtain the NOCs or are the NOC's mailed to the applicant? If the applicant is in India, then the NOC would have to be sent to the US consulate?

 

It is not clear. Some people have successfully done it. Search for "J1 while residing in India"; you may get some pointers. From my personal experience, NO. I could not get things done. I could not do it even with some clout. So, take this seriously and do not have any assumptions. Not to discourage you (apparently some people have done it); but just to warn you. Good luck~!