j1 waiver

[sunny71]

I was recently told that my wife cannot take an extension on J1 when the waiver process is going on. I wanted to know if this becomes applicable once we take the case number or once the NOC letters with the case numbers are submitted to the DOS. I suppose it takes some time to recieve the case number also.

If I (I am on J2) file for an H1 and my wife cannot get an extension on J1 beyond June for some reason will both of us have to go back or will we be allowed to stay till h1 start date, Oct1.

 

[ImmigAttyLana]

Not only that, but you as a J-2 are subject to the same 2 year home residency requirement so you cannot even FILE the H-1B petition until the waiver is either granted or there is a finding that it should be granted.

 

[sunny71]

J1 Waiver

Thanks for your response Lana.

Can you please tell me what "Statement of Reason" should she give in the J1 waiver application.