Can I apply for J1 waiver after I leave USA?

[veliveliveli 0]

Hello,

 

I am an exchange visitor on J1 visa and I am subject to 2 year rule. My question is can I apply to waive the 2-year home residence rule after my J1 visa finishes and after I leave USA. My J1 is about to finish soon and  I will not return to my home country but I will be living in a third country next year.  Do I need to be physically present in the US while applying for J1 waiver?

 

 

 

 

 

 

[Coco8 1,042]

Do you have the J1 due to your country's skill list or because you got funding from the US government (e.g. Fulbright)?

 

By exchange visitor,  are you a full-time student or did you just come for a semester as an exchange student? What was the purpose of the trip?

[veliveliveli 0]

10 hours ago, Coco8 said:

Do you have the J1 due to your country's skill list or because you got funding from the US government (e.g. Fulbright)?

 

By exchange visitor,  are you a full-time student or did you just come for a semester as an exchange student? What was the purpose of the trip?

 

It is due to my country's skill list. I am not funded by US government. I am a full time employed post-doc, and I have been in US for 3 years.

[milimelo 4,481]

They won't grant the waiver under these circumstances. Why aren't you going back to your home country? 

 

[Coco8 1,042]

25 minutes ago, milimelo said:

They won't grant the waiver under these circumstances. Why aren't you going back to your home country? 

 

That is not true! Where did you get that from?

 

49 minutes ago, veliveliveli said:

 

It is due to my country's skill list. I am not funded by US government. I am a full time employed post-doc, and I have been in US for 3 years.

 

You can apply for the waiver at any time and you do not have to be in the US. Just understand that once your waiver is approved your J1 visa is terminated. 

 

You need to apply for a "non objection waiver". There are instructions online at DOS. Once key part is that you will need an address because you will be receiving paperwork by mail. You can use an address abroad or a friend's address in the US. But it is important because you will need the paper to track your case and also as evidence that your waiver was awarded.

 

The process takes ~9 weeks at DOS, plus very variable time at USCIS (mine was approved in a week, others in 2 months). 

 

The time at DOS starts once everything gets to them. Some embassies take a long time to submit the no objection statement, so you could be a looking at a long time there if that is your case. My embassy took like 3 weeks, but other countries take like 6 months (India is very very long process). 

 

 

 

 

 

Edited October 29, 2017 by Coco8

[veliveliveli 0]

Thanks for the comments. I am pretty sure they I can get the waiver if I am in US at the time of applications (all of my friends got it) My only concern was not being in the US when I apply for the waiver.

[Coco8 1,042]

9 hours ago, veliveliveli said:

Thanks for the comments. I am pretty sure they I can get the waiver if I am in US at the time of applications (all of my friends got it) My only concern was not being in the US when I apply for the waiver.

I answered that above! 

 

10 hours ago, Coco8 said:

You can apply for the waiver at any time and you do not have to be in the US. Just understand that once your waiver is approved your J1 visa is terminated. 

 

You need to apply for a "non objection waiver". There are instructions online at DOS. Once key part is that you will need an address because you will be receiving paperwork by mail. You can use an address abroad or a friend's address in the US. But it is important because you will need the paper to track your case and also as evidence that your waiver was awarded.

Then, I told you about the time it takes so that you realize that you cannot wait in the US. After your J1 you have 30 day grace period to stay in the US. There is no way you can wait for the waiver in the US because it takes AT LEAST 3-4 months and it can take 3 times that. If you stayed in the US you would be overstaying your visa and end up with a ban. Besides, there are plenty of people on VJ that did the waiver while being abroad. Your friend's are not a representative sample of people getting J1 waivers. 

 

What matters when abroad is the address thing I also mentioned.

 

Learn to read dude. You waste my time.

 

10 hours ago, Coco8 said:

The process takes ~9 weeks at DOS, plus very variable time at USCIS (mine was approved in a week, others in 2 months). 

 

The time at DOS starts once everything gets to them. Some embassies take a long time to submit the no objection statement, so you could be a looking at a long time there if that is your case. My embassy took like 3 weeks, but other countries take like 6 months (India is very very long process). 

 

[veliveliveli 0]

@coco8 I was trying to thank you in my previous post. I didn't ask for an extra explanation. I said    "My only concern WAS not being in US...." and you had already answered that question. That is why I used WAS instead of IS.

 

I think you just wasted your own time dude, learn your grammar and tenses

 

Anyway, thanks again.