How early can we apply for J1 Waiver ?


pareshchothe

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Hello Everyone,

 

Currently I am  holding J1 VISA and in a processing of applying for J1 Waiver. I have received NORI from India (all three letters). I started my J1 VISA since May 2011 and its just been 2 1/2 years being on J1 VISA. I still have 2 1/2 yrs to be on J1. My current contract is valid until Feb 2015. So I was thinking I can apply and get J1 waiver and still be on J1 until Feb 2015 (and if I get an opportunity meanwhile then it will be easy transition to H1B without wasting time). However, I am little scared thinking that I dont have genuine reason for J1 waiver application (I mean, in application we are suppossed to give a statement as why I need J1 waiver). Could anyone please tell me whether I can apply for J1 waiver now (2 1/2 yrs early) and if so what could be the best reason to ask for ? Thank you  

 

- Paresh Chothe

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Hello Everyone,

 

Currently I am  holding J1 VISA and in a processing of applying for J1 Waiver. I have received NORI from India (all three letters). I started my J1 VISA since May 2011 and its just been 2 1/2 years being on J1 VISA. I still have 2 1/2 yrs to be on J1. My current contract is valid until Feb 2015. So I was thinking I can apply and get J1 waiver and still be on J1 until Feb 2015 (and if I get an opportunity meanwhile then it will be easy transition to H1B without wasting time). However, I am little scared thinking that I dont have genuine reason for J1 waiver application (I mean, in application we are suppossed to give a statement as why I need J1 waiver). Could anyone please tell me whether I can apply for J1 waiver now (2 1/2 yrs early) and if so what could be the best reason to ask for ? Thank you  

 

- Paresh Chothe

It depends on your DS2019 and not on your work contract. If your DS2019 has an expiry date till Feb 2015 you can apply for a J1 waiver now and you can continue to be on J1 status in US till you want to move to H1B or till Feb 2015. I am sure you are aware of the fact that once you get a J1 waiver you can no longer be on J1 status after the expiry date in DS2019.

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  • 1 year later...
  • 1 month later...

Hello,

 

I am currently in US on a J1 visa, which is subject to a two-year home residency rule. 

 

Earlier this year I had submitted the paperwork (miscellaneous forms, supporting documents and the NORI forms) to the Consulate General of India, (CGI), San Francisco to apply for NORI. My forms were attested by the CGI, San Francisco and I have recently received all the three clearances from India. I have NOT yet filled DS-3035 and thus do not have a case number from USCIS.

 

My current DS-2019 (based on which, I had obtained the clearances from India) expires in March 2017.  However, I have recently received an offer from my employer to extend the DS2019 to March 2018. 

 

My understanding is that, upon receiving the waiver from USCIS, I would not be eligible to receive any further extensions on my DS-2019. Thus, would it be OK, if I get the DS-2019 extension now and then file my DS-3035?

 

In other words, would my current NORI application and the three clearances from India remain valid if I get a DS-2019 extension prior to submitting DS-3035?

 

I would be really grateful if anyone could please answer my question.

 

Thanks in advance.

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Hello,

 

I am currently in US on a J1 visa, which is subject to a two-year home residency rule. 

 

Earlier this year I had submitted the paperwork (miscellaneous forms, supporting documents and the NORI forms) to the Consulate General of India, (CGI), San Francisco to apply for NORI. My forms were attested by the CGI, San Francisco and I have recently received all the three clearances from India. I have NOT yet filled DS-3035 and thus do not have a case number from USCIS.

 

My current DS-2019 (based on which, I had obtained the clearances from India) expires in March 2017.  However, I have recently received an offer from my employer to extend the DS2019 to March 2018. 

 

My understanding is that, upon receiving the waiver from USCIS, I would not be eligible to receive any further extensions on my DS-2019. Thus, would it be OK, if I get the DS-2019 extension now and then file my DS-3035?

 

In other words, would my current NORI application and the three clearances from India remain valid if I get a DS-2019 extension prior to submitting DS-3035?

 

I would be really grateful if anyone could please answer my question.

 

Thanks in advance.

Yes, your understanding is correct. Once you get a new DS2019 (till March 2018) you can proceed with filing DS3035 to get your waiver from USCIS.

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Thank you for the response. Would my current NORI application and the three clearances from India remain valid until March 2018? Do they have any expiration date? In other words, can I hold my current NORI application and the three clearances from India for another 2 years before filing DS-3035? or I have to get all 3 (fresh) clearances from India based on the new DS-2018?

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Thank you for the response. Would my current NORI application and the three clearances from India remain valid until March 2018? Do they have any expiration date? In other words, can I hold my current NORI application and the three clearances from India for another 2 years before filing DS-3035? or I have to get all 3 (fresh) clearances from India based on the new DS-2018?

There is no expiry date for those documents. But, you need to be careful that if USCIS changes its policy and decide not to provide a J1 waiver anymore you are stuck.

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