Deer Lodge, MT asked in Immigration Law for Montana

Q: What are the possible waivers to change status From J1 to H1?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

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

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

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.

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