Add new comment

Can a J-2 holder get a HRR 212(e) waiver without J-1?

My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?

Printer-friendly versionPDF version
ANSWER: 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript:

The question asked is can a J-2 holder obtain a waiver of the Home Residency requirement without the J-1 holder being involved and the answer is, the last time I looked into this issue it is a "No".  The exemption was if there was some sort of impossibility associated with the J-1 holder conferring the benefits of a waiver for instance if they were divorced or there was a death of the J-1 spouse. In those cases certainly this was a possiblity. But otherwise you cannot as a J-2 holder obtain a waiver by yourself. Your disqualification for the Home Residency requirement came into being because of the J-1 holders status. So the theroy of the law is that J-1 holder must apply for a waiver.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

WYSIWYG

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Filtered HTML

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • You may post PHP code. You should include <?php ?> tags.
  • You may insert a link to a defined site with [link: title].
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • Typographic refinements will be added.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Allowed HTML tags: <a> <p> <h2> <h3> <h4> <h5> <h6> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd><style>
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

full_html

  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

filtered_html

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • No HTML tags allowed.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • You may post PHP code. You should include <?php ?> tags.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).
  • Typographic refinements will be added.
  • You may insert a link to a defined site with [link: title].

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
Sorry we have to put you through this. We need to prevent SPAM.