I’m from Bhutan and currently living in Mississippi on a J-1 exchange visitor visa that ends in eight months. My visa is subject to the two-year home residency requirement, but I’ve been offered a full-time job here with an employer who’s willing to sponsor me for an H-1B. I’ve heard about the waiver process but I’m not sure if my situation qualifies. If I apply for the waiver, will that affect my current J-1 status or my ability to keep working? I want to make sure I don’t accidentally violate my visa terms while pursuing this opportunity.

Question

Jibril Elmi · Accepted Answer

You can apply for the waiver while still in J-1 status without losing it.

Saowalak Suwannarat · Answer

Your eligibility depends on the waiver category you qualify for.

Marzanna Kowalska · Answer

If your employer is willing to sponsor you, the no-objection statement or an interested government agency request might work, depending on your field.

Applying for the waiver doesn’t automatically end your J-1 status, but you need to maintain that status until the H-1B change is approved. H-1B processing windows are limited, so you should act as soon as you make up your mind. I’d recommend starting the waiver process early so it aligns with your work sponsorship plans.

Nima Choden

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