J-1 Visa

Withdrawal of a Pending J‐1 waiver

What procedure should a J‐1 waiver applicant follow in requesting withdrawal of a pending J‐1 waiver application?

A waiver applicant who has a pending waiver application in the State Department’s Waiver Review Division (WRD) should send an email to WRD via FMJvisas@state.gov to request withdrawal of a pending case. WRD updates the applicant’s case file and posts the withdrawal request on its online status checking system on http://travel.state.gov.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Program Extension Alert

 U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

  • E-Verify
  • Immigrant Investor (EB-5) Pilot Program
  • Special immigrant visa category for non-minister special immigrant religious workers
  • The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

Green Card: 
Immigration Law : 
Agency: 
Nonimmigrant Visas: 

Guestbook Entry for Raghava, United States

Name: 
Raghava
Green Card: 
State: 
MD
Nonimmigrant Visas: 
Country: 
United States
Comment: 
I have worked with Ms. Diane Lombardo and Mr. Khanna from past several years for my O-1 visa, J1 Waiver and GC. Diane and Mr. Khanna are always very accommodating and helpful.  They have guided me through the entire process diligently and professionally. I have very truly recommend them to my friends without any second thoughts.

Guestbook Entry for Zeeshan, Italy

Name: 
Zeeshan
Profession/Occupation: 
Nonimmigrant Visas: 
State: 
Piemonte
Country: 
Italy
Comment: 
First of all thanks to Mr. Rajiv Khanna for finding time for me and many others for free consulatation. I am from India and I went to USA in the year 2006 and 2009 on J1 visa. Currently I am in Italy and I have to start the J1 waiver process. As there is not enough information avialable for people like me who are neither in USA nor in India at the time of applying for J1 waiver. So I consulted Mr. Khanna and he told me that the Indian consulate in Italy should be contacted first and they should attest the documents. He is right because you can not send your original passport  to anywhere else other than government offices in the country you are living in. Once I ge the attestation done, I will send the documents to India to obtain clearance from the three departments. I told Mr. Khanna that this is like a social service what he is doing because my experience with the other lawyers of Indian origin is not so pleasant. Bye

Two-year home residency requirement

Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?

Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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WRD (Waiver Review Division) and Waiver Application Issues

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).

Agency: 
Nonimmigrant Visas: 

J-1 visa waiver concerns

I had come to US in September 2008 for 30 days externship (as short term visiting scholar) on J1 visa. After that I went back to India in October and came again in January 2009 on F1 visa to do PhD in animal science program. My concern is do I need to apply for J1 waiver before joining a job or a post doc here in USA? If yes, how should I go about it?

The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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