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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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 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.
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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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