Is it possible to get another J1 status after J1 waiver?

Asked over 1 year ago - Athens, OH

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.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Brian Christopher Schmitt

    Pro

    Contributor Level 10

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    chosen by asker

    Answered . 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.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    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.

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sometimes yes, sometimes no.

    Talk to the program sponsor's designated official.

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

    Contributor Level 19

    2

    Lawyers agree

    Answered . I agree with my colleague

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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