J1 waiver completion


Recommended Posts

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

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.


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



Link to comment

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


This topic is now archived and is closed to further replies.