Do I still need the J1 waiver, with approved H1b?

Immigration 9 views 5 answers
I came to the State with J1 visa, then transfer to F1 within the same school. And my H1b started from last October 2014. But I don't have the H1b visa on my passport, only the J1 and F1 on the passport. I am planing travel back to my home country this year and apply H1b visa. Do I still need the J1 waiver? and how long it would take for getting approval notice? Thanks!

Attorney Answers

5
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You sure don't, since if you were subject to to the 2 year HRR and needed a "waiver", your change of status to F-1 first and then to H-1B would have never been granted.
0 upvotes
Lynne Feldman ·
Whether or not you need a J waiver depends on the type of J you have and whether you are subject to the 2-year foreign residency requirement. Normally you would not have been granted the H petition unless the waiver was taken care of, you were not subject to the 2 year foreign residency requirement, or you are a medical doctor working in a medically underserved area and already have a waiver.
0 upvotes
Meenu Sharma ·
If you had Waiver condition in your visa, you could not have been able to get H-1B visa. Please check your J-1 visa stamp in the passport.
0 upvotes
Morrie Nourian ·
your J-1 more likely did not have the 2 year foreign residency attached to it, look at your visa and see if notation is made subjecting you to it. if not, then you can safelt travel back and obtain your H stamp in the passport.
0 upvotes
Wendy Whitt ·
I agree with my colleagues that you were subject to the waiver requirement, your H-1B petition should not have been approved. Since it was, you are probably fine. But USCIS does make mistakes. If your J-1 visa states that you are subject to the waiver, you have a problem and need to talk to your attorney before you travel.
0 upvotes

People Also Asked