Legal Question in Immigration Law in South Carolina

I am working as a teacher, on a J1 visa under cultural exchange program. My visa expires in June 2010. I am getting an extension in the same program for one more year and would be issued a new DS2019 form with the same conditions applying, from July 2010 till June 2011. However I have been told by my friends that once I accept the extension, I would become ineligible to apply and get a J1 waiver and H1 visa in the future. I want clarification in this regard. If I plan to apply for a waiver now, is it too late for me to receive it by May-June 2010? What if my waiver is still pending and my visa is over?

I want to continue with the extension for one more year with an option to apply for a waiver around Oct. 2010.


Asked on 1/14/10, 11:45 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Your friends are wrong.

You are still in J1 status, and you are going to apply to extend your J1 status under the same program, subject/field code, etc. (with the same conditions applying).

IF you will be applying for a change of status from J1 to H1B or for adjustment of status (green card), then you will need to obtain a Waiver of the foreign residence requirement. A waiver is not needed if you are staying in the same status - J1.

Also, it's incorrect statement that once you extend J1 for one more year, you won't be able to obtain a waiver.

I suggest, you consult a knowledgeable attorney instead of friends.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/19/10, 12:13 pm


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