lohith
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http://travel.state.gov/visa/tempvisitors_info_wa...
Getting J-1 Waiver Consists of two steps of paper work.
For more info go to http://www.immigrationportal.com
First one is getting NORI Clearances from Indian Central and State Governments. The details about the procedure can be seen on this website
http://www.indianembassy.org/consular/nori.pdf
After receiving the NORI clearances from India the second step starts, which involves paper work with U.S.A. Governments.( USDOS & USCIS ) Among the so many websites available, I found the following website very informative and easily understandable because they have provided a graphic depiction of the US Government procedure involved.
https://www.immigrationsupport.com/pdf/J-1%20Waiv...
Please go through these website,take a print out of these pages and I hope you will understand the procedure thoroughly.
Wow, you have your questions arranged. I am not a lawyer and my experience with J1 waivers is limited to the special case of physicians but a number of things are universal to this visa and I will try to tell you what I know.
» 1)Is it possible for me to get a waiver?
I guess you bought your HRR because your occupation is on the 'skills list' for india. From what I understand, you might be able to get a waiver through the 'no objection' process. For that you need a letter from a certain indian goverment agency that says 'well, we send him away to be trained, but now we don't object if he stays in the US.' I don't know about the details of the process, if you do a search through the archives using 'NORI' you might find others who do.
By the way, I believe you can obtain an 'advisory opinion' from DOS to determine whether you are actually subject to the HRR. At times, the people issuing the visa make a mistake and stamp a HRR into your visa without a legal basis for it. If it turns out that you don't have a HRR, the issue of a waiver is moot.
» 2) how long can a J1 visa holder continue to stay in this country
I believe it is 2 years. Check on the DOS website, they should tell you.
» 3)Can I continue to stay beyond the validity of my visa if I
» file for a waiver?
You will need to maintain valid non-immigrant status while your waiver is pending. J1 or otherwise (e.g. O1, F1)
» 6) Even if the clause of moving out of US is mandatory can I
» move to Canada/ or any European Union for a short period
» and again try to re-enter to US instead of going back to India?
No. This is different from the H1b 'staying out of the country' requirement. In a J1 case, you have to go to the country that 'sent' you to be trained. (or at least have sufficient records to demonstrate that you stayed in india for 2 years).
Actually, this is not entirely correct. You CAN go to canada or the UK, but it will not count towards the fulfillment of your HRR. Sometimes J1 holders go canada to wait for their waiver to get through and their green-card to get approved.
» 7) if someone or some company is ready to sponser me a H1 visa,
You will need a waiver from the HRR before you can switch to H1b or a green card. Or you have to go home for 2 years of course.
» 9)The clause mentions that I cannot enter US on a H or L visa until
» the period of 2 years is over. Does that include Dependent visas too
» like H4 or L2?
You can enter on visitor and student visas. But you can't enter on any work-enabling visas except O1. Btw. your J2 dependents are also subject to the HRR.
» 10)will the procedure be easy if I get married to a citizen?
Sorry, the J1 visa is the only visa that excludes you from adjusting status through marriage. (you would be better off overstaying a visitors visa if that was your plan)
Even with marriage, you have to go either home or get a waiver before you can apply for AOS. (and no, the goverment doesn't think it is extreme hardship if your citizen spouse and your citizen children have to follow you home for two years)
» 11) what would be my status quo if get married to a Green card holder?
It is bizarre. If you get married to someone in the process of getting a GC, you can get your GC along with him/her without waiting.
Once they have the GC you have to wait 5-6 years.
After they become citizen, you can adjust pretty much right away. It is not fair, but that is how it works.
And again, the J1 blocks you from taking advantage of any of this until you either fulfilled your HRR or got it waived.
» will the clause hold good If i'm married to a Green card holder or a
» US citizen?
Less than 50% of extreme hardship waivers get approved. Unless you have 2-3 handicapped children and the US goverment would be stuck with their care once you are gone, they don't usually approve these waivers.
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