So, your J1 visa is ready to expire? You are in US for 4.5 years, and just start to thinking of maybe staying, getting H1 visa, or permanent residence. Think again. Or better, go and check your DS-2019 form or passport if there is a note about section 212(e), reads something like this:
“subject to two-year residence requirement based on…”
Lucky you, if you don’t. Check this blog in about a months, when I move to “green card” application. If you do, you still have options, but it is something you have to start dealing with quickly.
You can apply for so called J1 visa waiver, and you can find a lot of information about it here. The process is pretty basic, if you decide to go with simplest so called basis- “No objection”. It means that along with your paperwork and fee (check on the above web page for details) send to Department of State Waiver Review Board, you mail a form (which is on the site) and a cover letter to your home country embassy, and ask them to provide the statement that your home country government has no objection for your staying in US. Most countries do not have any objections, and the case should be closed in couple of month. With favorable for you decision. But….
It might be not as easy, if you were sponsored by US government to come to US. If you were sponsored by your home country- no problem. But if you were a Fulbright Scholar, or any foundation based in US… you probably are out of lack. I know, visa waiver is a simple process, but in this case, I strongly suggest you get a lawyer, professional advice, and as many letters of recommendation as you can. I am not kidding, you are getting yourself against a very strong commitment of US government to bring people here to get education and experience they will
want you to utilize back home! And I know it first hand. If you don’t, you might need to read my next post next week- what to do when your request is denied, and what other basis there are.
Some notes on how to get the paperwork ready.
For the form, which you need to fill out electronically and print out, you need to provide lengthy “statement of reason”. The online form expires after an hour or so, I believe, and I really suggest you make your statement strong case why you should be allowed to stay in US and what good it will do to the Americans (nobody cares about your own convenience!). For this reason, prepare your narrative first, using some text editor, and when you polish it and are happy with it, start filling out a form. You can just copy and paste your statement of reason. I was polishing mine for couple of weeks!
What to write in the statement? Hard to say what would work for everybody, I can tell you what to write as a scientist. Your case is easy, as you are probably working on some grants founded by governmental agencies, like National Health Institute or National Science Foundation. Write about your work, but mostly why it is important for science and Americans. My advice- mention every grant you work on, starting from the biggest (most money) grants. It is what makes them important.
The only other thing you will need to submit are all your DS-2019 or IAP-66 forms. Never throw them away when they expire! You need to prove that they were issued and you were legally in US at any time point.
Anyway, in my case, in 2008, it took about two months to get case processed. Using the case number generated when you fill out the online form, you can access your case status online, and see if and what is happening there.