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Thread: J1 Visa Waiver

  1. #1
    Guest
    I have a J1 visa valid for 1 year and I am subject to 212E section (the 2 year home residency requirement); I would like to apply for a waiver in order to change my visa into an F-1 or H-1b. Is it difficult to get the waiver? Can I also work while a J1-er? Are there any tricks I could use? I appreciate all your replies. Thank you.

  2. #2
    Guest
    I have a J1 visa valid for 1 year and I am subject to 212E section (the 2 year home residency requirement); I would like to apply for a waiver in order to change my visa into an F-1 or H-1b. Is it difficult to get the waiver? Can I also work while a J1-er? Are there any tricks I could use? I appreciate all your replies. Thank you.

  3. #3
    Guest
    when your received this J1, you were told about the 2 yr rule and you agreed to it (tacitly) when you obtained this privilege. Why do you want to avoid this responsibility when you agreed to it last time? Why can't you live up to the terms of this privilege?

  4. #4
    Guest
    it is common for people to come on a visa and switch status while in the US. F-1s are admitted to US on the condition they return to their home country after their studies however many get sponsored to a H1B or another status that enables them to continue living in the US. The US has been built on immigrants and I see nothing wrong with the question of wanting to legally switch status.

    There is 5 reasons one can get a waiver, you'll have to do more research online but I think they include ayslum, hardship, family or a no objection letter from your home country.

    You may have to do more research online. Is there anyone else in a similiar situation or more knowledgeable in this area?

  5. #5
    Guest
    when someone is granted a J1, this means that (normally) they told the embassy that they were going to return to country ___ to live up to the 2 year rule, etc. This was the promise inherent in the granting of this type of visa.
    The individual is supposed to give his/her country the benefit of their experience, etc before going on to another status or green card. Those who do not want to fulfill this obligation are saying---?

  6. #6
    Guest
    The Ji waiver is to be obtainined from your home country, not the US. A letter from the appropriate authorites from your home country stating that they waive the 2 year requirement will then allow you to change visa types.

    The 2 year return is for the HOME country benefit and not the US. "Someone" doesnt know that s/he is talking about.

  7. #7
    Guest
    the reason I left the space after the word "country" blank was to indicate the unmentioned country that this person was from. I know perfectly well what the 212e rule is and how it applies. It is the country of residence of the J1 holder that is supposed to benefit from the J1 holder's experience (as I wrote).
    Furthermore, what TWO non immigrant visa categories can a J1 holder, subject to 212e, change to without a waiver? (I know the answer - do you?) Let's see if you know what YOU are talking about......................

  8. #8
    Guest
    the answer is "F" and "O" - that's right, "F" and "O"

  9. #9
    Guest
    Someone: if you this why are you not letting us know more information instead of trying to put everyone down? are you saying one can goto college and get the F1 visa w/out the waiver? does one have to get the waiver eventually to change from F1 to H1? if anyone knows I would appreciate if you could share your knowledge.

  10. #10
    Guest
    well, I was told that I know nothing about this subject, yet the person who said that could not answer my question correctly.
    Yes, it is a little known fact that a J1 holder, subject to 212e, can indeed change to F1 status - but not to H1 nor gc without an approved waiver. NOr can one go from J1>F1>H1 without a waiver.
    all one has to do is read the INA - the Immigration & Nationality Act - admittedly it is a bit dry (really dry!) but the answers are there.

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