Received J1 Waiver, but returned to India

Asked 9 months ago - Cincinnati, OH

Hi, I was at J1 from Apr 2008 to Jan 2013. I received the final J1 waiver, but before I could change my status to another visa, I returned back to India along with my wife and son (who was born in US). Moreover, my J1 visa expired in May 2013. Now, I am getting an offer again in USA in the same Institute, but a different position. I am aware that I cannot get J1 again within 2 years, but, because I already have the final waiver approval, I was wondering whether I am eligible to get Green card/ H1B?
Your early response is very much appreciable.

Attorney answers (4)

  1. Robert Louis Brown


    Contributor Level 19


    Best Answer
    chosen by asker

    Answered . The waiver of the J1 is valid and you do not need to be at outside the United States for 2 years. If qualified for the permanent resident visa and/or the H1B the two-year home residency requirement is not an issue for you.

  2. Irina Alexander Vinogradsky

    Contributor Level 15

    Answered . You no longer have two year home requirement. You are eligible for H1b

  3. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    Answered . Yes.

  4. Lalita Haran

    Contributor Level 14

    Answered . Yes, you are eligible for H1 or green card

    My answers are for general information only, NOT A legal advice because these are not tailored to your specific... more

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