New York, NY asked in Immigration Law for New York

Q: J1 visa will expire soon, J1 waiver is still pending, will there be any problem in waiver if I travel out of US

I am in grace period after my J1 visa has expired, J1 waiver is still pending, thus my employer cannot file H1-B petition.

I will have to travel back to India before the grace period ends. Will my waiver application still be active if I am not in US.

Once waiver arrives and I am India, can I go for H1-B consular processing(my employer is fine with it) and then return to US with H1-B stamped ?

Is there any legal problem in the above scenario ?

If I am planning to join a new position , do I need to get a offer letter before I leave US?

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1 Lawyer Answer
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • New York, NY
  • Licensed in New York

A: It depends is the answer. You need talk to an immigration attorney, specially before leaving the US.

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