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Hi VisaJourney community!

I am currently doing an internship under a J-1 visa, to which the '2-years rule' applies, and after the internship I would like to continue my career doing a job or a Phd.

My visa expires at the end of October this year.

I know I should apply for a waiver. 

So my 2 questions for today are:

1- Do you suggest me to apply for No Objection of Statement? Or should I go for the Request by an Interested US Goverment Agency once I get a job offer or position at a University?

2- After I applied for a waiver, and eventually I get it approved, what is it going to happen? Do I need to apply for a new type of visa? Could I apply for whatever visa, even for a Green Card?

I will be very glad to hear your suggestions or experiences, or whatever useful thing you have to say to me.

Thank you in advance and have a good day.☀️

 

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I would first find out if it it is likely you could get a waiver, some are easier, some are harder.

 

Sounds like you are looking for an Employer to sponsor you for a job related visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you!

For "find out" what do you mean exacty? do you mean to ask to a lawyer?

If so, do you think having a lawyer assisting me in this case would be of crucial importance, or I could also do it by myself?

Yes, I am looking for a job or Phd right now.

The enterprise for who I work right now said that they would like to help me in whatever way they can in finding an occupation, although I do not know what they could actually do.

I am not applying for a job for the same enterprise because right now they do not have available positions beside the internship.

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You can seek guidance or do research yourself, from what I have seen a lot depends on who is funding you .

 

 Perhaps you current Employer has a Lawyer who can guide you, seems they want to help.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you so much Sir. I am very grateful for your advises.

What about instead for what happens when I eventually obtain a waiver...

Will I be allowed to stay in US for a certain amount of time? Will I have to apply for a new visa?

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Having a waiver has nothing to do with your status. 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 hours ago, MegaMag said:

...

I am currently doing an internship under a J-1 visa, to which the '2-years rule' applies, ...

 

I know I should apply for a waiver. 

...

2- After I applied for a waiver, and eventually I get it approved, what is it going to happen? Do I need to apply for a new type of visa? Could I apply for whatever visa, even for a Green Card?

 

So, you seem to know you “should” apply for a waiver, but you don’t seem to understand what the waiver is for, is what I take away from the above?

 

The waiver means you can apply for certain types of visas or changes/adjustment of status that would not be allowed without it. As boiler says, it is independent of your status. Even with a waiver, when your current visa expires, if you have nothing to replace it with you will be out of status. If you want to replace it with something else and stay in the US, you can’t allow yourself to go out of status. So yes if you want to remain in the US you need another visa, and you need it to be granted before your authorized stay expires. Mostly, for the types of visas you are presumably looking for, you don’t apply for the visa, an employer applies for it for you. Also, mostly, except the DV and one or two EB categories, you don’t apply for a green card, a close family member or a company/organization sponsors you for one.

 

there is much info about this on uscis pages, suggest you start looking there.

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Thank you very much to both of you.

I posted my questions here, because reading from other forum I had many of my questions solved in an incredibly very short time. While when I was looking at other websites, also official websites (like USCIS for instance) it took me longer time to find what I wanted and sometimes I could not even find the exact information that I was looking for.

 

Coming to you SusieQQQ, your answer was very clear. Thank you very much for that.

I would just like to double check with you if I understood correctly how the process works:

If I want to change my type of visa, I need to apply for a waiver. Although I should apply for a waiver, obtain it, and then apply for a new visa and obtain a new visa, before my current visa J-1 expires.

Does this sound right?

 

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Unless I am misunderstanding something, the request by a federal government agency can not include universities - at least I am not aware of any universities that would be classified as federal institutions? Other types of research institutions perhaps?

 

my (limited) understanding is that the “no objection” process is country dependent. From the ones I am aware of, you first need to know what visa you are applying for (so basically you’d need the job offer or PhD offer or whatever) before you can apply for the no-objection statement from the embassy of your country, then you use that to apply for the waiver. If you don’t know anyone else from your country who has done this to ask, suggest you contact the embassy/check the website to see what they require.

 

i presume you are aware that if there was any US funding involved in your studies (Fulbright, etc) you will almost certainly be refused the waiver.

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Thanks SusieQQQ.

 

Unless I am misunderstanding something, the request by a federal government agency can not include universities - at least I am not aware of any universities that would be classified as federal institutions? Other types of research institutions perhaps?

Yes, I also think that for a PhD the way to proceed should be through the "no objection"

 

my (limited) understanding is that the “no objection” process is country dependent. From the ones I am aware of, you first need to know what visa you are applying for (so basically you’d need the job offer or PhD offer or whatever) before you can apply for the no-objection statement from the embassy of your country, then you use that to apply for the waiver. If you don’t know anyone else from your country who has done this to ask, suggest you contact the embassy/check the website to see what they require.

I guess I should try to contact the embassy then.

 

I presume you are aware that if there was any US funding involved in your studies (Fulbright, etc) you will almost certainly be refused the waiver.

I did not know this! I know for sure that Universities pay PhDs for doing research, but I do not know if this may involve US fundings.

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16 minutes ago, MegaMag said:

Thanks SusieQQQ.

 

Unless I am misunderstanding something, the request by a federal government agency can not include universities - at least I am not aware of any universities that would be classified as federal institutions? Other types of research institutions perhaps?

Yes, I also think that for a PhD the way to proceed should be through the "no objection"

 

my (limited) understanding is that the “no objection” process is country dependent. From the ones I am aware of, you first need to know what visa you are applying for (so basically you’d need the job offer or PhD offer or whatever) before you can apply for the no-objection statement from the embassy of your country, then you use that to apply for the waiver. If you don’t know anyone else from your country who has done this to ask, suggest you contact the embassy/check the website to see what they require.

I guess I should try to contact the embassy then.

 

I presume you are aware that if there was any US funding involved in your studies (Fulbright, etc) you will almost certainly be refused the waiver.

I did not know this! I know for sure that Universities pay PhDs for doing research, but I do not know if this may involve US fundings.

Re the US funding, that was regarding the program you came over on with the J visa, not what you will do next.

 

so the next question is, are you able to apply for a PhD program at this stage in the year? I’m not entirely sure how it works outside the normal grad school application cycle.

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Ok wait, I am on a J-1 now doing an internship for an organization that has nothing to do with an University, and I am not currently enrolled in any University.

The US Forest Service does the intermediate subject between me and this organization, and it is the actor that processed my visa documents. So my employer pays the US Forest Service who then pays me in behalf of my employer.

Did I make the situation clearer now?

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Sounds like it it is down to USFS policy and do not think I have seen that mentioned. Generally where US Government is involved a waiver is more complicated.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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