After the J1 waiver, is it possible to get another J1 status? For instance, after J1 waiver, I know I cannot extend my current DS2019 form /J1 status, is it possible to get a new DS2019 form/ J1 status in my university? Also, suppose I find a postdoc position in another university after I leave university, is it possible to get the J1 status there? I know certainly the former J1 waiver will be invalid if I get another J1 status, but if application for H1B fails, getting the new J1 status will be a good choice.
Yes, it is theoretically possible to acquire new J-1 status after a waiver. You should know that a J-1 waiver grant does not destroy remaining J-1 status as indicated on your DS-2019. Your current sponsor may not want to issue a new DS-2019.
You are correct that a new J-1 status may re-subject you to the two-year foreign residence requirement. There are three ways that you can become subject. These are: government funding (both U.S. and foreign government. It is difficult to win any kind of waiver application when U.S. government funding is involved), the skills list, and/or graduate medical education. You can be subject on more than one basis. Please bear in mind that annotations on the DS-2019 and visa stamps are sometimes incorrect and are not legally binding. An independent legal analysis must be performed to determine if one is subject.
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.
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