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J-1 Visa Waiver (Two-Year Foreign Residency Requirement and Waiver)

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  3. After J1 waiver, isn't my J1 visa valid anymore?

After J1 waiver, isn't my J1 visa valid anymore?

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Post by yqeAgLCzYnbOvYg on 16 Jan 2014

My J1 visa will be expired in 2016. After J1 waiver, isn't my J1 visa valid anymore?

That's why it's better to have h1 visa just in case my NIW application will not be accepted?

Post by legalmatrix on 16 Jan 2014

Even if you get a J waiver approved, your J visa still remains valid until the date listed on your DS-2019 or your J visa is invalidated (i.e., because you use an AP to reenter the US while your I-485 is pending, your green card is approved, etc.). However, once the J waiver is approved, you will likely have difficulty getting a J-visa extension if you need one because applying for a J waiver demonstrates your immigrant intent.

Having an H-1B visa is always a good back-up plan in case your I-140 (NIW) or I-485 is denied. The H-1B allows for simultaneous immigrant and non-immigrant intent, and thus will not affect your I-140 or subsequent I-485.

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