H1 b DS 160 question regarding J1 visa wavier....help!

[singh125]

Hi all,

 

When I was doing my BTech in India I got the opportunity to come to US to do internship on J1 visa for 2 months.

 Right after Btech, I did my MS in US and now got H1 b visa approved. I am currently filling DS- 160 and saw this question :

 

are you a former exchange visitor (j) who has not yet fulfilled the two year foreign residence requirement?

 

What should I answer to this question (Yes or No) as I did internship for 2 months and I don't know whether I come into this J1 wavier or not? I have not taken any waiver when I applied for F1 visa while coming for MS.

 

Please suggest whether 1) I come into this J1 wavier? 2) What should I answer Yes or No 3) Do I need to take the J1 wavier?

 

Thanks,

 

[jairichi]

Hi all,

 

When I was doing my BTech in India I got the opportunity to come to US to do internship on J1 visa for 2 months.

 Right after Btech, I did my MS in US and now got H1 b visa approved. I am currently filling DS- 160 and saw this question :

 

are you a former exchange visitor (j) who has not yet fulfilled the two year foreign residence requirement?

 

What should I answer to this question (Yes or No) as I did internship for 2 months and I don't know whether I come into this J1 wavier or not? I have not taken any waiver when I applied for F1 visa while coming for MS.

 

Please suggest whether 1) I come into this J1 wavier? 2) What should I answer Yes or No 3) Do I need to take the J1 wavier?

 

Thanks,

 

For a F1 you do not need a waiver. It is required to have a waiver only for employment based visas.

Did you spend 2 years in India before you begin your MS in US?

Not all J1s are subject to 2 year home residency requirement. Check your J1 visa if you are subject to 221(e). Also, check with Department of state for an advisory opinion.

 

http://travel.state.gov/visa/temp/info/info_5502.html

 

If you do not come under the rule you are fine. Otherwise your H1B will be invalid or canceled.

[singh125]

after completing my internship for 2 months, I completed BTech 7th and 8th semester (1 year in India) and right after that I came to US to start MS on F1 visa and completed in 2 years. I remember I got 221g pink slip in Delhi when I applied for F1 visa which went through in 3-4 weeks.

 

Now my employer applied H1 b petition without checking the box for J1 visa.

 

Recently, i saw my DS-2019 immigration officer had checked on " subject to 2 year residence requirement based on The exchange visitor skill list"

 

I don't know the answer, I already spent 1 year after 2 months of internship in india and already did 2 years of MS in US.

 

Please help...

[jairichi]

after completing my internship for 2 months, I completed BTech 7th and 8th semester (1 year in India) and right after that I came to US to start MS on F1 visa and completed in 2 years. I remember I got 221g pink slip in Delhi when I applied for F1 visa which went through in 3-4 weeks.

 

Now my employer applied H1 b petition without checking the box for J1 visa.

 

Recently, i saw my DS-2019 immigration officer had checked on " subject to 2 year residence requirement based on The exchange visitor skill list"

 

I don't know the answer, I already spent 1 year after 2 months of internship in india and already did 2 years of MS in US.

 

Please help...

So, your answer has to be YES. Just hope that you might get a H1B visa. Start J1 waiver process immediately. Also, talk to an immigration attorney.

[singh125]

Hi Jairichi,

 

Do you know how much time it takes to get the waiver? So now do I have to ask attorney to correct and reapply the H1?  and Can the new H1 be applied without having the waiver attached with new H1 b petition?

 

Thanks,

[jairichi]

Hi Jairichi,

 

Do you know how much time it takes to get the waiver? So now do I have to ask attorney to correct and reapply the H1?  and Can the new H1 be applied without having the waiver attached with new H1 b petition?

 

Thanks,

If you are from India it would take from 3 months to a year to get  waiver. Ask your attorney for his opinion. Also, talk to an independent attorney like the ones from murthy law firm.

 

My opinion is you can not reapply for a H1B petition that most likely will be canceled based on J1 restrictions. I believe you need to get  waiver before you can apply for a H1B cap subject petition next April. As I said earlier talk to an attorney.