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applying for J2 waiver when j1 holder can not get the waiver due to 2 year rule

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  • applying for J2 waiver when j1 holder can not get the waiver due to 2 year rule

    I am a 4th year college student(F1) in the USA and have a job offer from the USA company after graduation. Thus, I just wonder what would be solutions to my situation.


    I was a J2 under J1 physician from 2001-2003 and F2 from 2003-2007 and left the USA in 2007 for Canada(now a permanent resident of canada)(J1 holder did not go back to home country after physician training).

    In this case, am I eligible to apply for J2 waiver on my own? According to the page on j2 waiver of this website, the reason why apply for J2 waiver alone has to be submitted. Can I tell the immigration that I will have a job in the USA? Is it difficult for people like me to get a waiver?

    Thanks in advance.

  • #2
    Originally posted by solvej2 View Post
    I am a 4th year college student(F1) in the USA and have a job offer from the USA company after graduation. Thus, I just wonder what would be solutions to my situation.


    I was a J2 under J1 physician from 2001-2003 and F2 from 2003-2007 and left the USA in 2007 for Canada(now a permanent resident of canada)(J1 holder did not go back to home country after physician training).

    In this case, am I eligible to apply for J2 waiver on my own? According to the page on j2 waiver of this website, the reason why apply for J2 waiver alone has to be submitted. Can I tell the immigration that I will have a job in the USA? Is it difficult for people like me to get a waiver?

    Thanks in advance.
    Generally, the J1 must get the waiver for the J2, and the J2 cannot apply for the waiver on their own. Only in rare circumstances (e.g. J1 died, J1 and J2 spouse divorced, J2 child turned 21, etc.) can a J2 apply for a waiver on their own.

    What I don't understand is why isn't your J1 principal applying for a waiver. You said the J1 didn't satisfy the 2-year home residency requirement; well, that's exactly what the waiver is for -- to waiver the requirement for people who didn't satisfy the requirement.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by solvej2 View Post
      I am a 4th year college student(F1) in the USA and have a job offer from the USA company after graduation. Thus, I just wonder what would be solutions to my situation.


      I was a J2 under J1 physician from 2001-2003 and F2 from 2003-2007 and left the USA in 2007 for Canada(now a permanent resident of canada)(J1 holder did not go back to home country after physician training).

      In this case, am I eligible to apply for J2 waiver on my own? According to the page on j2 waiver of this website, the reason why apply for J2 waiver alone has to be submitted. Can I tell the immigration that I will have a job in the USA? Is it difficult for people like me to get a waiver?

      Thanks in advance.
      Did you solve this problem? My daughter has the same situation. I am J1 holder and already satisfy the 2-year residency requirement and can not request waiver.

      Comment

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