Hardship waiver, what's Next?

[j-visa-hater 0]

Hi everyone,

I applied for a hardship waiver based on a US citizen child, I'm in the final steps of obtaining the waiver, but was't sure what's next! I am currently working as a fellow and was wondering if:

1) I have to leave the US to change the Visa or if I can start working right after the waiver is obtained

2) when should I start applying for jobs in my specialty?

thank you

[jan22 3,056]

If you hate the J-visa, why did you apply for one? Just curious...

I'm a little confused by your post. Getting a waiver of the two-year home residence requirement does not automatically grant you additional time in the US. Your fellowship ends with the J1 visa, right? How are you going to start working immediately if you are only now asking about applying for jobs? And what kind of work visa would you be able to get so quickly? And, how would you support yourself in the US while waiting to get the waiver and work visa approved? More details would help people be able to give you better information/responses.

[Boiler 45,898]

What is your basis of staying?

[j-visa-hater 0]

I'm on j visa, currently a fellow but planning to drop out of fellowship and work in primary care. Once the waiver is approved -my hope- ok will start applying to jobs. I wasn't sure if I can start applying now or have to wait? And if I have to leave the US to get the visa or I can start working once the waiver is approved

[belinda63 3,041]

You are obtaining a waiver of the two year home requirement correct? What petition do you currently have pending to allow you to remain or return to the US? Just being the parent of a USC does not give you any rights to remain in the US or work in the US. In case you haven't heard the Supreme Court ruled the Obama forgiveness for parents of USC was unlawful.

So on what basis will you remain in the US?

[j-visa-hater 0]

Yes! It's the waiver of 2 y home requirement. If my waiver is approved I will still have a legal presence based on my most recent DS2019 which is valid until 8/2017. If not approved, I will renew my DS 2019 and continue fellowship. Thanks so much for your help

[Boiler 45,898]

I'm on j visa, currently a fellow but planning to drop out of fellowship and work in primary care. Once the waiver is approved -my hope- ok will start applying to jobs. I wasn't sure if I can start applying now or have to wait? And if I have to leave the US to get the visa or I can start working once the waiver is approved

You can apply for jobs now, you are getting things back to front, you need a job with an employer willing to sponsor you for an immigrant visa, then you have something that would need a waiver to be approved.

[newacct 688]

If my waiver is approved I will still have a legal presence based on my most recent DS2019 which is valid until 8/2017.

That doesn't make any sense. Your J-1 status and DS-2019 only allows you to work for your J-1 sponsor under the conditions of J-1 status. But you don't need a waiver of the 2-year home residency requirement to work in J-1 status.

The only purpose of a waiver of the 2-year home residency requirement is to get H-1b or L-1 work visa, or US permanent residency, because those are the only things that the 2-year home residency requirement blocks you from.

[j-visa-hater 0]

Thanks all for.your replies, but, my main question is if I have to leave the US or not once my waiver is approved and before I find a sponsor (job). any ideas? Thanks

Thanks all for.your replies, but, my main question is if I have to leave the US or not once my waiver is approved and before I find a sponsor (job). any ideas? Thanks

[EM_Vandaveer 2,408]

Thanks all for.your replies, but, my main question is if I have to leave the US or not once my waiver is approved and before I find a sponsor (job). any ideas? Thanks

Thanks all for.your replies, but, my main question is if I have to leave the US or not once my waiver is approved and before I find a sponsor (job). any ideas? Thanks

If you stop working for yor J-1 sponsor, then yes. Are you still working for your J-1 sponsor?

[jan22 3,056]

Again, it isn't that simple. You would need to get the waiver AND a change of status before your could start working for a new (non-J1) employer. The waiver just means you aren't prohibited from getting a work visa -- it does not grant you any new status or additional time in the US. Odds of that all occuring before your J1 status ends? Pretty slim.