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Can I get a J1 waiver now?

Bowling Green, OH |

I was a foreign exchange student on a J1 visa in 2009 and subject to the 2 year residency requirement because the program was fully funded by the US Department of State. I am an F1 student now and come back home for holidays. I still have 8 months left on the residency. I will be starting my Masters AUG 13, and not sure if I can finish these 8 months. I might be able to get a NOS, so should I apply for the waiver now or wait until I get an actual job offer versus merely being a graduate student? Also, when I do come back home on holidays, do these count toward the residency? How do i prove that I have completed a year 4 months?

I am not currently on a J1. I am currently studying in the United States on an F1 visa, which was paid in full by my parents. Also, the U.S. Department of State was the Program Sponsor in 2009, but it is no longer the Sponsor for the Program in which I was a foreign exchange.

Attorney Answers 4


You need to consult with an attorney as to your possibilities: they depend on your occupation; family situation, country of origin, etc.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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Burden is on you to prove the requisite two years overseas with passport stamps, rental contracts, employment contracts, etc. I owuld not recommend getting the waiver until you know what you are doing. Onc eyou obtin the waiver you will not be able to extend the J-1 if that is what you decide to do.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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1 comment

Alexander Joseph Segal

Alexander Joseph Segal


I do not know about not bing able to extend the J1 after the waiver, but you might need another one if you do.


With 8 months left on the completion of your HHR, I would not do the waiver.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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6 lawyers agree


To obtain a waiver may take you 8 months. I may be simpler and possibly faster to complete the remaining 8 months of the two years outside the US.


Robert Brown LLC
1476 W. 9th Street, Suite 800
Cleveland, Ohio 44113

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