J-1 Waiver/ H-1B work???

[-JUST-]

Assalomu alaykum yurtdoshlar,

All those who have come to the US on J-1 visa are aware of the 2 year home country residency requirement. I am graduating soon and will be applying for H-1B. On my current (masters) F-1 visa there's no clause where it says: "The bearer is subject to section 212(e) " - i.e. 2 year home country residency

However on my previous (bachelors) F-1 visa, which is now expired, mentions "The bearer is subject to section 212(e)"

So technically I should be applying for the J-1 waiver application. But if I don't will this issue surface again during the H-1B process ??? How long does the J-1 waiver process take anyway?

Thanks,
-JUST-

[Royal]

So technically I should be applying for the J-1 waiver application. But if I don't will this issue surface again during the H-1B process ??? How long does the J-1 waiver process take anyway?
-JUST-

Har doim boladi recordda...

H-1B applicant yani sizni sponsoriz INSga sizni ozlari uchun qanchalik zaril ekanligiz togrisida tushuntirishi va ishontirishi kerakki shu "waiver"ni olip tashlashlari uchun, ushanda INS recorddan olib sizga H-1B viza berishlari mumkin...

[Masud]

Har doim boladi recordda...

H-1B applicant yani sizni sponsoriz INSga sizni ozlari uchun qanchalik zaril ekanligiz togrisida tushuntirishi va ishontirishi kerakki shu "waiver"ni olip tashlashlari uchun, ushanda INS recorddan olib sizga H-1B viza berishlari mumkin...


Bu ish faqatgina employerni yordamida amalga oshirsa bo'ladimi?

Here is my question do you have a chance, if an employer is willing to employ you and met other requirements, can they approve you for H1

[Royal]

Bu ish faqatgina employerni yordamida amalga oshirsa bo'ladimi?

Here is my question do you have a chance, if an employer is willing to employ you and met other requirements, can they approve you for H1

ishga oluvchi sponsor INSga uqtira - ishontira bilishi kerak..a uni qandoq yozish kerak bu yana osha hudi ota-bobolarimiz maktabga yozip yurishgan spravkaladay gap...

agar hamma info ladan habardor bomoqchi bosayiz INS sitiga kirip hammasini korip chiqishiz va hamma FAQlaniyam oqip chiqishiz mumkin bu togrida...

[SmIlIk]

Har doim boladi recordda...

H-1B applicant yani sizni sponsoriz INSga sizni ozlari uchun qanchalik zaril ekanligiz togrisida tushuntirishi va ishontirishi kerakki shu "waiver"ni olip tashlashlari uchun, ushanda INS recorddan olib sizga H-1B viza berishlari mumkin...

I think first he should find out if he is subject to section 212 (e) by
sending a request to Waiver Review Devision.

Most likely you are subject to it. So, start the process ASAP. Fill out all application needed and send them to WRD. Send all the follow up documents without a delay after you recieve the list of documents from WRD. (Make sure your no objection letter is ready, too)

It mostly depends on who your sponsor is and how long it takes them to answer WRD request about your status. I would say, you are at least looking up to 3-4 months...

[Masud]

I think first he should find out if he is subject to section 212 (e) by
sending a request to Waiver Review Devision.

Most likely you are subject to it. So, start the process ASAP. Fill out all application needed and send them to WRD. Send all the follow up documents without a delay after you recieve the list of documents from WRD. (Make sure your no objection letter is ready, too)

It mostly depends on who your sponsor is and how long it takes them to answer WRD request about your status. I would say, you are at least looking up to 3-4 months...

Iltimos, back up a minute. Bu WRD ga documentlar listi va adreslarini USCIS dan topsam bo'ladimi?

No objection letter nima?

Is there a specific USCIS form for 212(e) review?

[SmIlIk]

Iltimos, back up a minute. Bu WRD ga documentlar listi va adreslarini USCIS dan topsam bo'ladimi?

No objection letter nima?

Is there a specific USCIS form for 212(e) review?

Ok, before your documents go to USCIS for a final decision, they go thru WRD.

Check this link out:

http://travel.state.gov/visa/temp/info/info_1296.html

All needed info about J-1 W. is on that site.

First you send the application with the payment to WRD and wait until you receive your receipt with the case number and list of documents you should provide them with.

No Objection Letter is a diplomatic document provided by the sponsor of your J-1 Visa stating that they do not object UCIS granting you a waiver.

[-JUST-]

I am aware of all the procedures...but I know people who without fulfilling the 2 year home residency getting their H-1B processed. When I asked them how, they just said that the 212(e) didn't come up when their H-1B was processed. Shunisiga hayronmande...

[SmIlIk]

I am aware of all the procedures...but I know people who without fulfilling the 2 year home residency getting their H-1B processed. When I asked them how, they just said that the 212(e) didn't come up when their H-1B was processed. Shunisiga hayronmande...

H-1Bni bilmadimku, lekin permanent residency'ga apply qilgan bir odamni bilaman. 2 yilning 1 yilini to'ldirib kelgan lekin residency'ga apply qilganda menimcha bu muammo ko'tarilmadiyov. Bugun so'rab yana yozarman.

[SAMARKANDI!]

I am aware of all the procedures...but I know people who without fulfilling the 2 year home residency getting their H-1B processed. When I asked them how, they just said that the 212(e) didn't come up when their H-1B was processed. Shunisiga hayronmande...

That is very true. All of my J-1 friends who afterwards changed their statuses to F-1 now wroking fine without being subject to that reg. Deloitte, Earnst & Young, KPMG, PWCH. These companies have strong influence, INS usually don't regect their requests.

If my memory is right, i have heard that 212 |e| can be served at any time, there is no specific time period, as long as he/she maintains her/his status legal.

[SAMARKANDI!]

H-1Bni bilmadimku, lekin permanent residency'ga apply qilgan bir odamni bilaman. 2 yilning 1 yilini to'ldirib kelgan lekin residency'ga apply qilganda menimcha bu muammo ko'tarilmadiyov. Bugun so'rab yana yozarman.

I think they may include in that process the waiver for 212|e|, so things get solved along way.

[Royal]

..that 212 |e| can be served at any time,

here employers explanation and influence make a difference.

[SmIlIk]

I think they may include in that process the waiver for 212|e|, so things get solved along way.

The more I read, the more I am getting the same impression. Royal akaning gaplarida ham jon bor. Deloitte va shunga o'xshash kompaniyalar recruit qilayotgan bo'sa USCISda concern tug'ilmasa kerak deb o'ylayman.

Deloitte'ni bir catchi bor lekin. Ular PMJ ni sponsirovat' qilmaydi. Faqatgina rabochiy visa bilan ta'minlaydi halos. Shuning uchun ham bo'lishi mumkinmikin?!

SMLK

[-JUST-]

PMJ nimasi? :)

Menda J-1 Accelsni maktab programmasidan kelib ketganligim uchun. Undan keyin 1 yil yashab O'zbekistonda Bakalavrni uqigani keldim. Bakalavrlik F-1 vizasiga "Section 212(e)" bosishgandi chunki konsulga qizil IAP-66 bilan kirgandim . Lekin 2005 da masters uchun yangi F-1 ga apply qilganimda vizamga "Section 212(e)" yozishmadi. Umid qilaman bu muammo yuzaga chiqmas deb.

[zanjir]

PMJ nimasi? :)

Menda J-1 Accelsni maktab programmasidan kelib ketganligim uchun. Undan keyin 1 yil yashab O'zbekistonda Bakalavrni uqigani keldim. Bakalavrlik F-1 vizasiga "Section 212(e)" bosishgandi chunki konsulga qizil IAP-66 bilan kirgandim . Lekin 2005 da masters uchun yangi F-1 ga apply qilganimda vizamga "Section 212(e)" yozishmadi. Umid qilaman bu muammo yuzaga chiqmas deb.

yaxshi odamlani yoli doim ochiq boladi hudo holasa:)
us da bosen mundoq sim qoqib qoysenchi:) toygakuya umuman etmadinzani:(

[Masud]

Here the specific form for that purpose. J1 Waiver. I read the form and some parts didn't make sense to its purpose. It also asks you to send the original I-94 form.

Attached you will find the copy of the form, and you can read the instructions for yourself

[SmIlIk]

PMJ nimasi? :)


Permanent Residency :)

[furik]

When I spoke to a lawyer about it here what he told me: If you had J-1 in the past (subject to 212 e) and now in F-1, you can switch to H1-B without waiver. Since the 212 e restriction applies only to J-1 holders and not to F1. However, you won't be able to exit the country (U.S.). If you exit the country, they won't let you in. I asked him why this is the case, but did not really understand the answer.

Also, you won't be able to change to green card (from H1-B) unless you get the waiver. So in essense, by getting the H1-B you merely postpoing the problem, but don't solve it. See immigration laywer, he'll explain you the situation better. Good luck.

[SmIlIk]

When I spoke to a lawyer about it here what he told me: If you had J-1 in the past (subject to 212 e) and now in F-1, you can switch to H1-B without waiver. Since the 212 e restriction applies only to J-1 holders and not to F1. However, you won't be able to exit the country (U.S.). If you exit the country, they won't let you in. I asked him why this is the case, but did not really understand the answer.

Also, you won't be able to change to green card (from H1-B) unless you get the waiver. So in essense, by getting the H1-B you merely postpoing the problem, but don't solve it. See immigration laywer, he'll explain you the situation better. Good luck.

That's a good news :) but it gets more complicated later :(

[forex]

When I spoke to a lawyer about it here what he told me: If you had J-1 in the past (subject to 212 e) and now in F-1, you can switch to H1-B without waiver. Since the 212 e restriction applies only to J-1 holders and not to F1. However, you won't be able to exit the country (U.S.). If you exit the country, they won't let you in. I asked him why this is the case, but did not really understand the answer.

Also, you won't be able to change to green card (from H1-B) unless you get the waiver. So in essense, by getting the H1-B you merely postpoing the problem, but don't solve it. See immigration laywer, he'll explain you the situation better. Good luck.

This used to be a case.Just and Masud,and all others who have been on J1.You can change your status to H1b without serving the two year home requirement,but it is going to come up if you decide to apply for permanent residence.Again,you need to consult with experienced attorney rather than listening to people who do not have hands on experience.Any mistake on your part will slower the approval process and may cost you a lot.

[rosefire]

I heard if u had J1 in the past and u are abroad, you have to fulfill 2-year home stay requirement no metter what. I knew a French girl, who came to the states with J-1, went back and came back with F1. later on, she married to American, had a child. But, still they sent her back last year because of her 2-year unfulfilled req. Poor husband tried every possible ways to get away from this req, but did not work. they had to go back to france for a while.

That's why, I do not know how it is possible to get a waiver and got away from this req?:?

[Arhimed]

International org employer bo'sa waiver olish shartmikin, hech kimni habari yoqmi?

[neznakomec]

Hi guys I need you suggestion I got job offer from USA . Do I have any chances be approved by ambassy in Tashkent? Is it possible and what do I gotta do for this ? PLZ i realy need this thing to know.

[melo]

I heard that if u had J1 in the past and u are abroad, you have to fulfill 2-year home stay requirement no metter what. I knew a French girl, who came to the states with J-1, went back and came back qith F1. later on, she married to American, had a child. But, still they sent her back last year because of her 2-year unfulfilled req. Poor husband tried every possible ways to get away from this req, but did not work. they had to go back to france for a while.

That's why, I do not know how it is possible to get a waiver and got away from this req?:?

Is going to France so bad? :D

[rosefire]

Jaguar, I am not saying that going to France is bad. It is one of the wonderful places to go. I just wanted to explain how hard it is to avoid 2 year homestay requirement by giving that example.:D o'zbekcha yozemi endi englizchaga tushumme qogan bo'sez:lol:
Is going to France so bad? :D

[Royal]

Hi guys I need you suggestion I got job offer from USA . Do I have any chances be approved by ambassy in Tashkent? Is it possible and what do I gotta do for this ? PLZ i realy need this thing to know.
Agar osha ishhona INS oldida shu kasb egasi juda kerakli degan holda "hodataystva" qilsa va buni INS tasdiqlasa status avtomatic holda ozgaradi va J1 kuchdan qolip H-1B holiga otadi.
Lekin juda kop hollarda osha INSga berilgan "hodataistva"ga qaraladi qanchalik kuchlik yozilganligiga qarap.

[neznakomec]

INS nimaligini man bilmimanu, lekin manda work experiense yoligi problem bomidimi. Siz etgan hodotaystvomi harakati qanaqa boladi USA ambassy Toshkentdagiga keladimi biron nima shu ishga olinganligimni tasdiqqlovchi? Agar hodotaystvo yahshi bolsa yana nima problema bolishi mumkin?

[Masud]

This used to be a case.Just and Masud,and all others who have been on J1.You can change your status to H1b without serving the two year home requirement,but it is going to come up if you decide to apply for permanent residence.Again,you need to consult with experienced attorney rather than listening to people who do not have hands on experience.Any mistake on your part will slower the approval process and may cost you a lot.

So, concluding...

If you were a student exchange sponsored by US Dept. of State and were on
J-1, but later on you had changed your status to F-1 and now applying for a H1B work visa, you do NOT have to get it waived

Also, can you leave United States if you are on H-1B, have not gotten the J-1 212e waived?

Has anybody, by coming to US as an exchange student sponsored by Dept of State, gotten a waiver for 212e homestay req. recently?

[Royal]

INS nimaligini man bilmimanu, lekin manda work experiense yoligi problem bomidimi. Siz etgan hodotaystvomi harakati qanaqa boladi USA ambassy Toshkentdagiga keladimi biron nima shu ishga olinganligimni tasdiqqlovchi? Agar hodotaystvo yahshi bolsa yana nima problema bolishi mumkin?
INS - Immigration and Naturalization Service

Bu yerda gap J-1 viza bilan USdagilar ta'aluqlik gap ketvotti, H-1B viza boyicha USdigi ish joyi sizga hodataystva qilsa uni javobi agar "positive" bolsa vaqtlik I-94 formda keladi va US elchihonasidan buni tasdiqlatip H-1B viza holida viza olip USga ketishingiz mumkin, lekin bir holki US consuli sizni US Departmentdan kelgan vizani Siz bilan suhbatlashsganidan (interviewdan) keyin oz hulosasiga kora "anulirovat" yani kuchdan qoldirishiga haqqi bor...buni hech kim ozgartira olmiydi.

[neznakomec]

Umuman sila bilaslami bollani shunaqa qilib ketgan .Etmoqchimanki, viza olish shansi student yo travel vizaga nisbatan osonromi yo qiyinroq.

[-Resident-]

Umuman sila bilaslami bollani shunaqa qilib ketgan .Etmoqchimanki, viza olish shansi student yo travel vizaga nisbatan osonromi yo qiyinroq.
Student visa olish osonroq agar moliyaviy tomondan yahshi bo`lsa va shuni isbotlab bera olsa.

[Royal]

mashini manbitga qoshvorsa bomiydimi :

http://forum.arbuz.com/showthread.php?t=24650&page=7

[Masud]

Otahonni gapini ikki qimasdan shuni qo'ship qo'yilar iltimos. To'g'ri aytyaptilar.

mashini manbitga qoshvorsa bomiydimi :
http://forum.arbuz.com/showthread.php?t=24650&page=7




Also, can you leave United States if you are on H-1B, have not gotten the J-1 212e waived?

Has anybody, by coming to US as an exchange student sponsored by Dept of State, gotten a waiver for 212e homestay req. recently?

Qonunlar o'zgarmadi bu yili, H1b visani cap/limiti tobora kamayib ketyapti, olish qiyinlaship ketyapti. Vaqt kam.

ACCELS->FLEX/FSA dan keganlar h1b olib keyin uyga borib kesa boladimi yoki F1 visa borligida borib kelish kerakmi? uyni kormaganimizgayam 3 yildan oshipti...

Aytgancha kim yaxshi Immigration Lawyer ni tavsiya qila oladi, CIS(SNG) dan kelib chiqqan I.lawyer lar yaxshimi yoki, American lawyerlar yaxshimi?

[zafarbaz]

Is there anybody who was able to get 2 yr home residency req. waived through obtaining 'no objection letter' if their program was US government funded?

[Samimiy]

Is there anybody who was able to get 2 yr home residency req. waived through obtaining 'no objection letter' if their program was US government funded?

What about Uzbek government-sponsored programs? Has anyone gotten a waiver thru Umid, for example? One would think there is at least one Umidie who has gotten a waiver?

[Royal]

Also, can you leave United States if you are on H-1B, have not gotten the J-1 212e waived?

Has anybody, by coming to US as an exchange student sponsored by Dept of State, gotten a waiver for 212e homestay req. recently?

Qonunlar o'zgarmadi bu yili, H1b visani cap/limiti tobora kamayib ketyapti, olish qiyinlaship ketyapti. Vaqt kam.

ACCELS->FLEX/FSA dan keganlar h1b olib keyin uyga borib kesa boladimi yoki F1 visa borligida borib kelish kerakmi? uyni kormaganimizgayam 3 yildan oshipti...

Aytgancha kim yaxshi Immigration Lawyer ni tavsiya qila oladi, CIS(SNG) dan kelib chiqqan I.lawyer lar yaxshimi yoki, American lawyerlar yaxshimi?

Immigration Officega borip yahshilap surishtirish kerak...
H1B Work viza berilgan bosa unda tashqariga chiqish mumkiniydi bir vaqitla , lekin bir dostimiznikini nimaga oshatta ozgaryirmagansan dip saal qiynagan, qolida I-94 formi bosayam, yana Toshkentga qaytip osha I-94 formini korsatip H1B vizasini olip qaytgan keyingi reysda...

[Corbin]

Axborotlarilar uchun rahmat

[Frida]

J-1 va J-2 bo'yicha savol. Bir tanish oilada eri ishlaydi, J-1 holder. Ayoli va farzandlarini olib kelgan, ularning hammasida J-2. Endi, o'tgan kuni o'sha kishini ayoli so'rab qoldi, yaqidan univerdan part-time ish topgan ekan. Ishi akademik ish, staff emas. Hozircha hourly ekan. Shunga so'rayapti, J-2 dan J-1ga o'tkazish ilojisi bormi deb.

Biror xabaringizni bo'lsa, iltimos, shu yerga yozsangiz.
Rahmat!

[Royal]

J-1 va J-2 bo'yicha savol. Bir tanish oilada eri ishlaydi, J-1 holder. Ayoli va farzandlarini olib kelgan, ularning hammasida J-2. Endi, o'tgan kuni o'sha kishini ayoli so'rab qoldi, yaqidan univerdan part-time ish topgan ekan. Ishi akademik ish, staff emas. Hozircha hourly ekan. Shunga so'rayapti, J-2 dan J-1ga o'tkazish ilojisi bormi deb.

Biror xabaringizni bo'lsa, iltimos, shu yerga yozsangiz.
Rahmat!

J2 bu J1 oila azolariga beriladigan viza statusi....
ozgartirish uchun osha ayolni ozi J1ga harakat qilishi kerak...

lekin J1 statusi boyich oila azolari J2 ishlash huquqiga egami shuni bilishlari kerak.

[forex]

J-1 va J-2 bo'yicha savol. Bir tanish oilada eri ishlaydi, J-1 holder. Ayoli va farzandlarini olib kelgan, ularning hammasida J-2. Endi, o'tgan kuni o'sha kishini ayoli so'rab qoldi, yaqidan univerdan part-time ish topgan ekan. Ishi akademik ish, staff emas. Hozircha hourly ekan. Shunga so'rayapti, J-2 dan J-1ga o'tkazish ilojisi bormi deb.

Biror xabaringizni bo'lsa, iltimos, shu yerga yozsangiz.
Rahmat!

Nima keragi bor o'zgartirishni,shundak ham J2 visa bilan ishlasa bo'ladiku?Work permit olish kerak,social security number olish kerak.J1 visaga ozgartirsa ham bo'ladi,change of status qilib,USCIS ga dokumentlarni jo'natish kerak.Lekin ishga shundak ham oladigan bo'lsa,ozgartirishni keragi yo'q.

[Googler]

Work - The spouse and/or children of an exchange visitor in the U.S. may not work in J-2 status. If employment is desired, the appropriate work visa will be required. Before they can work, they must make an application to DHS, US Citizenship and Immigration Services (USCIS) and be approved for permission to work. They must file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where they live for a work permit (employment authorization document). To learn more, select How (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=f747c9ee2f82b010VgnVCM10000045f3d6a1 ____) Do I Get a Work Permit (Employment Authorization Document)? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=f747c9ee2f82b010VgnVCM10000045f3d6a1 ____) to go to the USCIS Website.
Study- The spouse and/or children of an exchange visitor visa holder who are in the U.S. on an exchange visitor visa may study in the U.S. without also being required to apply for a student (F-1) visa or change to F-1 status.
http://travel.state.gov/visa/temp/types/types_1267.html

[Frida]

Nima keragi bor o'zgartirishni,shundak ham J2 visa bilan ishlasa bo'ladiku?Work permit olish kerak,social security number olish kerak.J1 visaga ozgartirsa ham bo'ladi,change of status qilib,USCIS ga dokumentlarni jo'natish kerak.Lekin ishga shundak ham oladigan bo'lsa,ozgartirishni keragi yo'q.

gap ishda emas, gap J1 ga o'tishda. Keragi bo'lgani uchun so'ragandirda, men esa sizlardan so'rayapman. :)

gapirsa gap ko'p. birovning xonadoni, birovning xonadonide :). sababini so'rab o'tirmadim. bordirde sababi, bo'lmasa, yetti-yot begona odamga telefon qilib mana shu ishda yordam berib yuboring demaydi. International Servicega yugirishdan avval shu yerda bir so'ray degandim. javob uchun rahmat.

[Frida]

Work - The spouse and/or children of an exchange visitor in the U.S. may not work in J-2 status. If employment is desired, the appropriate work visa will be required. Before they can work, they must make an application to DHS, US Citizenship and Immigration Services (USCIS) and be approved for permission to work. They must file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where they live for a work permit (employment authorization document). To learn more, select How (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=f747c9ee2f82b010VgnVCM10000045f3d6a1 ____) Do I Get a Work Permit (Employment Authorization Document)? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=f747c9ee2f82b010VgnVCM10000045f3d6a1 ____) to go to the USCIS Website.
Study- The spouse and/or children of an exchange visitor visa holder who are in the U.S. on an exchange visitor visa may study in the U.S. without also being required to apply for a student (F-1) visa or change to F-1 status.
http://travel.state.gov/visa/temp/types/types_1267.html

thanks googler. i can only assume (based on the information you posted) that the department where she is employed filed those forms for her. i guess they gave her the work authorization, but her visa status remained as J-2. I guess i need to talk to her about this.

[melo]

thanks googler. i can only assume (based on the information you posted) that the department where she is employed filed those forms for her. i guess they gave her the work authorization, but her visa status remained as J-2. I guess i need to talk to her about this.

I hope you are getting paid well for your legal counseling. :lol:

[Frida]

I hope you are getting paid well for your legal counseling. :lol:

the most i get will probably be butter squash somsas, my favorites :) (that's how she 'pays' me every time i do some "paper work" for her, fine with me :D)

however, i am afraid i am no help, honestly. :( she asked me to call the International Office, but I feel I don't really know all the info on this subject (let alone specifics of her current status). :?

so, no somsas :)

[ULAUZ]

Maslahati olilaru o'ziladi bilganiladan qomela,bolla