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.
1 Answer from Attorneys
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.
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