How can I waive the two year restriction of my previous J1 visa if I plan on working in the US eventually?

Asked 7 months ago - Irvine, CA

I am a Chinese college student in Shanghai. I plan on applying for a F1 visa and studying for a mater's program in the US next year. Ultimately, I want to acquire a H1B visa. However, my previous J1 visa from Sep to Dec 2012 requires me to stay in China for two years after my short-term exchange program at UC-Irvine. If I go to the US again and hold a F1 visa, can I apply for non-objection letter to waive the two year restriction? Do I need to get an offer from an emloyer in the US to apply for the non-objection letter?

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Applying for no-objection might work, unless you are in DOS "skills list".
    No, you do NOT need any "offer" from any employer to apply for the waiver based on "no objection".

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Had your government sponsored your program, then yes, which is not the case with UC-Irvine.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. F. J. Capriotti III

    Contributor Level 20

    Answered . You can try.

    But be forewarned, the PROC doesn't like these waivers and may resist.

    As difficult as it may seem now ... you might be wise to wait until December 2014 before you return to the US.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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