Minimum time before one can apply for waiver

[April21]

hi,

 

I am on j1 for past 6 months, my husband's GC process is advancing sometime soon. We wanted to add my name also for the GC processing with this application.

I understand that i will have to obtain a waiver before being added over to his application.

 

My question is- how soon can a Indian citizen apply for J1 waiver. Is there any minimum time period that one needs to be on J1 before requesting for the waiver.

Please advice

thanks

 

[jairichi]

hi,

 

I am on j1 for past 6 months, my husband's GC process is advancing sometime soon. We wanted to add my name also for the GC processing with this application.

I understand that i will have to obtain a waiver before being added over to his application.

 

My question is- how soon can a Indian citizen apply for J1 waiver. Is there any minimum time period that one needs to be on J1 before requesting for the waiver.

Please advice

thanks

You can apply anytime as there is no minimum period involved. You must be aware that once a J1 waiver is obtained then you can be on J1 status till the date of expiry in your DS2019. After that you have to move to different status like H1B.

[Rimpy]

Hi there, 

 

I have small query regarding your reply.

I am having J1 visa which is valid till aug 2014 and then most probably it will be renewed and then we will have another DS 2019 with the same employer.(My employer renews it every yr ).

What if I apply for a waiver now and get it done by say july or august 2014. will it be not possible for me to renew my J1 and DS2019 after august 2014 with the same employer? Do I need to switch over to H1B then. 

 

Is it possible to keep on hold the waiver process after 2nd step and get a new DS2019 in Aug and then move on for stage 3 for waiver process?

 

please advice.

and thanks in advance!

[jairichi]

Hi there, 

 

I have small query regarding your reply.

I am having J1 visa which is valid till aug 2014 and then most probably it will be renewed and then we will have another DS 2019 with the same employer.(My employer renews it every yr ).

What if I apply for a waiver now and get it done by say july or august 2014. will it be not possible for me to renew my J1 and DS2019 after august 2014 with the same employer? Do I need to switch over to H1B then. 

 

Is it possible to keep on hold the waiver process after 2nd step and get a new DS2019 in Aug and then move on for stage 3 for waiver process?

 

please advice.

and thanks in advance!

Once a J1 waiver is obtained you cannot extend your J1 status when current DS2019 expires. As you suggested the best option is to initiate J1 waiver process and get all relevant documents from your home country, as this process takes a very long time. Once you think you are ready to move to another status then go forward with rest of the steps to get a final waiver.

[vasankg]

J1 process is generally time consuming and stressful process. Once you know that your j1 can't be extended or have to work beyond j1 period limit, I would suggest at least more than a year before your J1 expires (only if you got the all three NORI documents from India).

[Rimpy]

Thanks a lot Jairichi and vasankg for this useful information. I was just wondering if any of you followed the same path and got the success. I mean have you started the waiver process little bit in advance and kept the process on hold after 2nd step and waited for you new DS 2019 and renewed J1 visa.

 

once again thanks in advance!

[jairichi]

Thanks a lot Jairichi and vasankg for this useful information. I was just wondering if any of you followed the same path and got the success. I mean have you started the waiver process little bit in advance and kept the process on hold after 2nd step and waited for you new DS 2019 and renewed J1 visa.

 

once again thanks in advance!

I did not. My spouse was on J2 EAD and spouse's employer was ready to file H1B. So, I needed to get my waiver done so spouse's employer can file H1B petition. Later I moved to H1B after DS2019 expiry.