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

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. 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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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