Can I start J1 waiver process now and get it before H1B1 application in April 2016?

[ben10]

Hello everyone,

 

 Its great to see such a forum and helping community. I have a question now regarding J1 visa waiver process.

 

I have been subjected to 2 year rule (written in DS-2019 form) for J1 visa an internship from June to September 2015. I returned to India after September and did not apply for waiver till now.

 

I just now received an offer from a company which is ready to sponsor H1B1 visa. It is a very good technical company and would issue H1B1 in premium mode. 

 

I belong to the state of Andhra Pradesh, in India and my 2 year rule is because of Exchange visitor skill set.

 

I would like to know if I can start waiver process now and be able to get J1 visa waiver before H1B1 application starts in April 2015. This is really important to me. Thank you. 

[jairichi]

Yes. Proceed quickly.

[fresh15]

It will depend on how quickly you get letters from the required offices. If you have someone who can keep following up with your local passport office and state secretariat, then you might get letters soon. I would not worry too much about MHRD as they are usually quick.

[ben10]

Thank you for the info. Should I get the J1 waiver before April, issuance of H1B or does getting it before October 1st, my journey to US would be sufficient? Thanks.

[jairichi]

Thank you for the info. Should I get the J1 waiver before April, issuance of H1B or does getting it before October 1st, my journey to US would be sufficient? Thanks.

At the time of adjudication of your H1B petition your waiver must have been approved.

[educationist]

Hi,

 

I am on J1 Visa,working as teacher and my Visa and DS 2019 expires august 2016..So I want to file H1B with my current school in this April 2016, under cap quota.I have got all three clearances from Indian Govt agencies couple of months ago.I just hold them waiting for right time to apply for my NOS at Indian Consulate and fill up DS 3035 online.

 

My question is when can i start the waiver process with the DoS  like filling up DS 3035 and then applying for NOS with Indian consulate(mine is Chicago) ?

Some body told me if i apply too early ,once my waiver is approved by DoS,USCIS , I will be given 90 days from the date of final waiver approved by USCIS to stay in the US or to adjust stauts to H1B, and some one said I will be out of stauts as soon as my waiver approrved by USCIS even though my visa on passport and DS 2019 are valid until August 2016.

 

So I am in panic mode now and waiting for advice on this. if I apply now ( january 1st week) let say my waiver approved from DoS and USCIS by March 2016 ,should i be counting my 90 days  grace time or I can still stay in US until my VISA and DS 2019 expires?Does waiver has anything to do with how long one can saty in US?

 

I really appreicate and  will be very thankful to you if some one helps me!

 

Thanks,

[jairichi]

Hi,

 

I am on J1 Visa,working as teacher and my Visa and DS 2019 expires august 2016..So I want to file H1B with my current school in this April 2016, under cap quota.I have got all three clearances from Indian Govt agencies couple of months ago.I just hold them waiting for right time to apply for my NOS at Indian Consulate and fill up DS 3035 online.

 

My question is when can i start the waiver process with the DoS  like filling up DS 3035 and then applying for NOS with Indian consulate(mine is Chicago) ?

Some body told me if i apply too early ,once my waiver is approved by DoS,USCIS , I will be given 90 days from the date of final waiver approved by USCIS to stay in the US or to adjust stauts to H1B, and some one said I will be out of stauts as soon as my waiver approrved by USCIS even though my visa on passport and DS 2019 are valid until August 2016.

 

So I am in panic mode now and waiting for advice on this. if I apply now ( january 1st week) let say my waiver approved from DoS and USCIS by March 2016 ,should i be counting my 90 days  grace time or I can still stay in US until my VISA and DS 2019 expires?Does waiver has anything to do with how long one can saty in US?

 

I really appreicate and  will be very thankful to you if some one helps me!

 

Thanks,

 

Even after your final waiver is approved by USCIS you are allowed to maintain your J1 status till DS2019 expiry date. Then based on a timely filled H1B petition you can stay in US till a decision is made on that petition.