What's your Visa Status During A J-1 Waiver Job ?
Here i am repeating myself exhaustively for those IMGs who did not pick up the bits and pieces scattered on this blog ;-)
1. "J1 Waiver" is a term applied for the job itself - not the visa type. The actual Visa status during a J1-Waiver job for an IMG is H1b Visa. At times, it could be O1 visa (For people with extraordinary ability)
2. A J1 Waiver Job is done for a minimum of three years as per US Legal Requirements. After those three years, the IMG is free to continue to stay with the same employer or find a new employer ready to sponsor an H1B Visa
3. An IMG on a J1 Visa may apply for a Green Card ONLY AFTER completing those three years of a J1-waiver job. This applies even if the IMG marries a US Citizen during his J1 visa status during Residency or Fellowship
4. If married to a US Citizen, a J1 visa holding IMG may apply for a Green card (after 3 years of Waiver Job) on the basis of the Marriage. Of course, if the IMG can prove exceptional hardship to his citizen spouse or citizen child in his home country - then the IMG could even obtain a waiver from the two-year home country requirement without doing a Waiver Job and apply for a Green card directly after residency or fellowship
1. "J1 Waiver" is a term applied for the job itself - not the visa type. The actual Visa status during a J1-Waiver job for an IMG is H1b Visa. At times, it could be O1 visa (For people with extraordinary ability)
2. A J1 Waiver Job is done for a minimum of three years as per US Legal Requirements. After those three years, the IMG is free to continue to stay with the same employer or find a new employer ready to sponsor an H1B Visa
3. An IMG on a J1 Visa may apply for a Green Card ONLY AFTER completing those three years of a J1-waiver job. This applies even if the IMG marries a US Citizen during his J1 visa status during Residency or Fellowship
4. If married to a US Citizen, a J1 visa holding IMG may apply for a Green card (after 3 years of Waiver Job) on the basis of the Marriage. Of course, if the IMG can prove exceptional hardship to his citizen spouse or citizen child in his home country - then the IMG could even obtain a waiver from the two-year home country requirement without doing a Waiver Job and apply for a Green card directly after residency or fellowship
Labels: H1b Visa, J1 Visa, J1 Waiver, US Citizen Marriage
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posted by Digitaldoc, MD at 12:51 AM
Comments on "What's your Visa Status During A J-1 Waiver Job ?"
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Faisal said ... (September 21, 2007 1:30 PM) :
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HEMANT said ... (November 13, 2007 7:33 PM) :
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Mahendar said ... (January 9, 2008 9:24 AM) :
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Digitaldoc, MD said ... (January 9, 2008 11:44 AM) :
Post Your Comment !Hi Digitaldoc!
I am having problems with getting a B1/B2 visa to give my cs exam.
I have been rejected twice and was issued a "pink slip" under section 221g th third time.
According to that the US consulate is going to review my application and get back to me with their decision. My last interview date was on the 24th of April. It has already been 5 months and still no response. I have emialed the consulate a number of times but they have not replied to that too.
Its already to late for me to give the cs exam in time to have a fair chance in the 2008 match. What should i do?
hi Faisal
up to the extent i know u can not give visa interview for next 6 month after ur visa get rejected twice.so wait for 1 more month and u can go for it
hi,
I am on H1B visa now for 4 yrs and if I accept a residency position on J1 and go on a J1 waiver, I will not have enough years of H1 left for the waiver requirement of 3 yrs to complete. So how will that work?
Thanks a lot for the great forum! It has a solution to every question that comes to mind!! Great work!!
A possible solution would be take a year off after J1 residency doing a clinical / research fellowship or a 1-year Masters program in your home country or some other country like UK, and at the same time applying for clinical fellowships in the US during that year. You can also secure a fellowship term one year before and then leave. This way when you come back to the US for your J1 fellowship (Fellowships are easier on J1 then H1b) , your H1b clock will have reset itself, giving you good time for the Waiver positions. But do read about the Fellowship effect on J-1 waiver jobs.
Now, Traveling to the US for interviews for up to 2 weeks during your year off will not harm your H1b clock resetting, but that many days will have to added to complete the year off. You will just need to plan well to consider all that.
A friend of mine did that while on H1b residency ...he took off to London for a Masters in economics after securing a fellowship first and then came back after a year to join the fellowship on a fresh H1b