Q: What are the possible waivers to change status From J1 to H1?
A: Examples of waiver bases are no objection statement and exceptional hardship. Contact an immigration attorney directly for details as this is a public form
A:
Transitioning from a J1 to an H1 visa can be complicated, especially if you're subject to the 2-year home residency requirement. If you are, you'll need to obtain a waiver before you can change your status. There are several grounds upon which one can apply for a waiver:
1. No Objection Statement: Your home country can issue a statement indicating they have no objection to you not returning home.
2. Request by an Interested U.S. Government Agency: If a U.S. federal government agency finds your contribution valuable, they can request a waiver on your behalf.
3. Persecution: If you believe you'll face persecution based on race, religion, or political opinion upon returning to your home country, you can apply for a waiver.
4. Exceptional Hardship: If you can prove that your departure would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child, you might be eligible for a waiver.
5. Conrad 30 Waiver: Specifically for medical doctors, this allows J1 holders to apply for a waiver by committing to practice in an underserved area for a specified period.
Once a waiver is approved, you can then proceed with the H1 petition process. Remember, individual circumstances can influence your eligibility and process, so it's beneficial to consult with an attorney well-versed in immigration matters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
