J1 Visa Help

[PTIM21 1]

My J1 program got canceled unfortunately and I am looking for other opportunities. I am also out of status as DS2019 expired but I am waiting on my waiver which I hope will be approved soon. Can anyone help with recommendations or next steps to work in the US. Thank you.

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas to Student/Exchange Visitor Visas ***

 

[Coco8 1,042]

You cannot work in the US. You are out of status and you have 60 days (I think) to leave since the moment your status expired. 

 

What waiver are you talking about?

[PTIM21 1]

The J1 visa waiver program. I submitted an application while in status. I am now over 16 weeks processing time.

[SusieQQQ 11,586]

2 minutes ago, PTIM21 said:

The J1 visa waiver program. I submitted an application while in status. I am now over 16 weeks processing time.

Are you talking about a waiver of the two year home residency requirement? 

[PTIM21 1]

Yes, the two year home residency requirement. 

[PTIM21 1]

I am just looking advice or help from anyone who has experienced the same issues. Thank You.

[arken 4,197]

You J1 is terminated, you are already out of status, there is no any basis for uscis to approve your waiver. Not sure what's exactly you are looking for. Even if uscis approves your waiver, you are still out of status. You cannot change to any other status. You might be incurring 3 yr or 10 yr bar depending on when your J1 got terminated.

 

 

[PTIM21 1]

Thank you all. Can you explain how come I am out of status?? I applied for the waiver while in status, and the information from the lawyers I received was I am in status as long as the waiver is processing?

[PTIM21 1]

Also, a few of my colleagues also submitted their waivers which was approved even though the j1 program got cancelled.

[SusieQQQ 11,586]

44 minutes ago, PTIM21 said:

Thank you all. Can you explain how come I am out of status?? I applied for the waiver while in status, and the information from the lawyers I received was I am in status as long as the waiver is processing?

A waiver is not an extension of status application, or did you file i539 at the same time?

 

Regardless, the lawyer gave you incorrect information if you have reported it verbatim. You are not “in status” at any time after being out of status just because a change/extension application is pending. What you are in, is a period of being out of status but not accruing unlawful presence. You can only be retroactively put back in status after such an application is approved. Again I am not aware of a waiver application in itself being sufficient for this, but that might just be my ignorance and would be interested if someone can point me to the uscis documentation stating this is the case like they do for i539. 

 

 

[SusieQQQ 11,586]

49 minutes ago, PTIM21 said:

Also, a few of my colleagues also submitted their waivers which was approved even though the j1 program got cancelled.

 

1 hour ago, PTIM21 said:

I am just looking advice or help from anyone who has experienced the same issues. Thank You.

 

It’s also a little confusing if you already know people in the same situation why you are asking for peoples’ experiences here, or is your specific situation different from your colleagues?

 

[PTIM21 1]

Thanks Susie, my major concern is if I can work with h1b while the 2 year waiver is pending.

[SusieQQQ 11,586]

3 minutes ago, PTIM21 said:

Thanks Susie, my major concern is if I can work with h1b while the 2 year waiver is pending.

If you have an offer from a H1B employer their lawyer should be able to advise on this. Presumably cap exempt employer?

[PTIM21 1]

yes, it is a cap exempt employer.