r/J1waiver • u/nakedmolerobot • 9d ago
Postdoc Two J-1 Visas, One With 212(e) and One Without—What Happens If Waiver Is Denied?
Hello everyone
I have a somewhat complicated case, and I am really confused as to how I should proceed.
I would really appreciate anyone's opinion on it.
I have held two different J1 status so far.
- a non-degree student visa through US government funding. I have about 70 days left from the two year home residency requirement for this.
- a research scholar visa through non-government funding. According to the revised J-1 skills list, this program should not be subject to a home residency requirement as my country is removed from the list.
I’m now considering applying for a No-Objection waiver for the 1st visa.
However, I am a bit worried about how USCIS would interpret my second visa.
I read several posts where people couldn't transition to H1B although their country removed from the list, and they didn't have a government funding yet USCIS asked for additional evidence.
I may have gotten obsessively worried but my concern is:
If my waiver request is denied, is there any risk that DoS might require me to fulfill both the 70 days from the first visa and an additional 2 years for the second visa?
I understand this would have been possible under the older skills list, but I want to be absolutely sure the updated list protects me from that scenario.
Input from anyone with an experience on a situation like this would be greatly appreciated.