Lucia

Hi everybody,
I need some information about the J1 VISA waiver. My J1 visa will
expire in march 2004, in the meantime, next january (2004), I have to
come back home (Italy) to finish my PhD program that is Italian. I'm
subjected to the 2 years regulation but I would like to stay out of
USA only for one year, the time that I need to finish my program,
looking for a job in USA in the meantime, to come back as soon as
possible. My questions are:
1) It's necessary to have a sponsor here in USA to get the waiver or I
can apply by myself?If a sponsor is necessary he/she has to be the
person that wants to hire you and that will sponsor you for the new
VISA or can be someone different, as your previous sponsor for the old
J1?
2) I know that it is necessary to write a statment to obtain the
waiver based on the NO OBJECTION from your government rule: has
someone an example of this statment to show me?
3) It's necessary to have recommendation letters?If yes, from whom?
4) It's easyer to obtain the waiver if you didn't receive any USA
government founds or it doesn't make any difference?
For me would be very useful to have answers or any examples of similar
experiences.
Thank you in advance,
Lucia

Sylvia Ottemoeller

"Lucia" <> wrote in message
news:...

    > I need some information about the J1 VISA waiver. My J1 visa will
    > expire in march 2004, in the meantime, next january (2004), I have to
    > come back home (Italy) to finish my PhD program that is Italian. I'm
    > subjected to the 2 years regulation but I would like to stay out of
    > USA only for one year, the time that I need to finish my program,
    > looking for a job in USA in the meantime, to come back as soon as
    > possible. My questions are:

    > 1) It's necessary to have a sponsor here in USA to get the waiver or I
    > can apply by myself?If a sponsor is necessary he/she has to be the
    > person that wants to hire you and that will sponsor you for the new
    > VISA or can be someone different, as your previous sponsor for the old
    > J1?

The answer to this depends on the reason that you are subject to the 2 year
home residence requirement, and the waiver methods that are available for
that particular reason. See
http://travel.state.gov/waiver_instructions.html.

The 3 reasons for becoming subject are briefly: government funding, skills
list, graduate medical education.

The 5 methods for the waiver are: no objection statement, interested
government agency request, persecution, exceptional hardship, and request by
state department of health.

I have a sense that you are obligated because of government funding. If so,
you have either methods 1 through 4, or 2 through 4 available for the
waiver.

If your government funding was U.S. government funding like Fulbright, you
have methods 2 through 4 available. And you can almost forget about a
waiver, it's so difficult.

If your government funding was Italy government funding, you may have
methods 1 through 4 available. Of course, method one, statement of no
objection, is the easiest method, and you will have to inquire as to whether
this is possible for you.

    > 2) I know that it is necessary to write a statment to obtain the
    > waiver based on the NO OBJECTION from your government rule: has
    > someone an example of this statment to show me?

The Embassy of Italy in Washington D.C. probably has its own set of
procedures in this matter. You should call the department of cultural
affairs, or education, or whatever, to find the right place to start your
application. Eventually the Embassy will send a letter to the Department of
State concerning the statement of no objection.

Before you formally ask the Embassy to send its statement, you should start
the waiver process according to the specified procedures in the above
website, and get your case number. Note the following: "Some letters (such
as a "No Objection" statement from your government) must be submitted
directly to the Waiver Review Division by the Embassy. In that case, you, as
the applicant, must request that the Embassy write your full case number on
the "No Objection" statement and also on the outside of the envelope to be
sent to the Waiver Review Division."

    > 3) It's necessary to have recommendation letters?If yes, from whom?

For the no objection method, the U.S. government does not require letters of
recommendation. The government of Italy may require them -- you'll have to
check.

    > 4) It's easyer to obtain the waiver if you didn't receive any USA
    > government founds or it doesn't make any difference?

It is probably much easier if you did not receive U.S. government funding.

    > For me would be very useful to have answers or any examples of similar
    > experiences.

Lucia

"Sylvia Ottemoeller" <> wrote in message news:<bs02fm$h8b$>...
    > "Lucia" <> wrote in message
    > news:...
    >
    > > I need some information about the J1 VISA waiver. My J1 visa will
    > > expire in march 2004, in the meantime, next january (2004), I have to
    > > come back home (Italy) to finish my PhD program that is Italian. I'm
    > > subjected to the 2 years regulation but I would like to stay out of
    > > USA only for one year, the time that I need to finish my program,
    > > looking for a job in USA in the meantime, to come back as soon as
    > > possible. My questions are:
    >
    > > 1) It's necessary to have a sponsor here in USA to get the waiver or I
    > > can apply by myself?If a sponsor is necessary he/she has to be the
    > > person that wants to hire you and that will sponsor you for the new
    > > VISA or can be someone different, as your previous sponsor for the old
    > > J1?
    >
    > The answer to this depends on the reason that you are subject to the 2 year
    > home residence requirement, and the waiver methods that are available for
    > that particular reason. See
    > http://travel.state.gov/waiver_instructions.html.
    >
    > The 3 reasons for becoming subject are briefly: government funding, skills
    > list, graduate medical education.
    >
    > The 5 methods for the waiver are: no objection statement, interested
    > government agency request, persecution, exceptional hardship, and request by
    > state department of health.
    >
    > I have a sense that you are obligated because of government funding. If so,
    > you have either methods 1 through 4, or 2 through 4 available for the
    > waiver.
    >
    > If your government funding was U.S. government funding like Fulbright, you
    > have methods 2 through 4 available. And you can almost forget about a
    > waiver, it's so difficult.
    >
    > If your government funding was Italy government funding, you may have
    > methods 1 through 4 available. Of course, method one, statement of no
    > objection, is the easiest method, and you will have to inquire as to whether
    > this is possible for you.
    >
    > > 2) I know that it is necessary to write a statment to obtain the
    > > waiver based on the NO OBJECTION from your government rule: has
    > > someone an example of this statment to show me?
    >
    > The Embassy of Italy in Washington D.C. probably has its own set of
    > procedures in this matter. You should call the department of cultural
    > affairs, or education, or whatever, to find the right place to start your
    > application. Eventually the Embassy will send a letter to the Department of
    > State concerning the statement of no objection.
    >
    > Before you formally ask the Embassy to send its statement, you should start
    > the waiver process according to the specified procedures in the above
    > website, and get your case number. Note the following: "Some letters (such
    > as a "No Objection" statement from your government) must be submitted
    > directly to the Waiver Review Division by the Embassy. In that case, you, as
    > the applicant, must request that the Embassy write your full case number on
    > the "No Objection" statement and also on the outside of the envelope to be
    > sent to the Waiver Review Division."
    >
    > > 3) It's necessary to have recommendation letters?If yes, from whom?
    >
    > For the no objection method, the U.S. government does not require letters of
    > recommendation. The government of Italy may require them -- you'll have to
    > check.
    >
    > > 4) It's easyer to obtain the waiver if you didn't receive any USA
    > > government founds or it doesn't make any difference?
    >
    > It is probably much easier if you did not receive U.S. government funding.
    >
    > > For me would be very useful to have answers or any examples of similar
    > > experiences.

Thank you for the answer.
I probably should have been more precise about my case. I'm an Italian
PhD student here in the states for a collaboration between my group
and an american one. In january I'll need to come back to Italy to
finish my program and I'll be subject to the 2 years requirement rule.
I received only italian government founds (my salary). After this year
in Italy I would like to come back and find a job here in the States
as posdoc but I don't have any sponsor or offer yet. My question is:
Can I still apply for the waiver during this year that I'm in Italy
(on the base of no-objection from my government) so that when I'll
find a job I will be able to apply for the VISA (H1-B of course)
immediatly? I would start to apply for the waiver now and not after
having a job offer as I know that is a long process.
Can someone answer about this?It will be really helpfull for me.
Thank you
Lucia

Sylvia Ottemoeller

"Lucia" <> wrote in message
news:...

    > "Sylvia Ottemoeller" <> wrote in message
news:<bs02fm$h8b$>...

    > > "Lucia" <> wrote in message
    > > news:...
    > >
    > > > I need some information about the J1 VISA waiver. My J1 visa will
    > > > expire in march 2004, in the meantime, next january (2004), I have to
    > > > come back home (Italy) to finish my PhD program that is Italian. I'm
    > > > subjected to the 2 years regulation but I would like to stay out of
    > > > USA only for one year, the time that I need to finish my program,
    > > > looking for a job in USA in the meantime, to come back as soon as
    > > > possible. My questions are:
    > >
    > > > 1) It's necessary to have a sponsor here in USA to get the waiver or I
    > > > can apply by myself?If a sponsor is necessary he/she has to be the
    > > > person that wants to hire you and that will sponsor you for the new
    > > > VISA or can be someone different, as your previous sponsor for the old
    > > > J1?
    > >
    > > The answer to this depends on the reason that you are subject to the 2
year
    > > home residence requirement, and the waiver methods that are available
for
    > > that particular reason. See
    > > http://travel.state.gov/waiver_instructions.html.
    > >
    > > The 3 reasons for becoming subject are briefly: government funding,
skills
    > > list, graduate medical education.
    > >
    > > The 5 methods for the waiver are: no objection statement, interested
    > > government agency request, persecution, exceptional hardship, and
request by
    > > state department of health.
    > >
    > > I have a sense that you are obligated because of government funding. If
so,
    > > you have either methods 1 through 4, or 2 through 4 available for the
    > > waiver.
    > >
    > > If your government funding was U.S. government funding like Fulbright,
you
    > > have methods 2 through 4 available. And you can almost forget about a
    > > waiver, it's so difficult.
    > >
    > > If your government funding was Italy government funding, you may have
    > > methods 1 through 4 available. Of course, method one, statement of no
    > > objection, is the easiest method, and you will have to inquire as to
whether
    > > this is possible for you.
    > >
    > > > 2) I know that it is necessary to write a statment to obtain the
    > > > waiver based on the NO OBJECTION from your government rule: has
    > > > someone an example of this statment to show me?
    > >
    > > The Embassy of Italy in Washington D.C. probably has its own set of
    > > procedures in this matter. You should call the department of cultural
    > > affairs, or education, or whatever, to find the right place to start
your
    > > application. Eventually the Embassy will send a letter to the
Department of
    > > State concerning the statement of no objection.
    > >
    > > Before you formally ask the Embassy to send its statement, you should
start
    > > the waiver process according to the specified procedures in the above
    > > website, and get your case number. Note the following: "Some letters
(such
    > > as a "No Objection" statement from your government) must be submitted
    > > directly to the Waiver Review Division by the Embassy. In that case,
you, as
    > > the applicant, must request that the Embassy write your full case number
on
    > > the "No Objection" statement and also on the outside of the envelope to
be
    > > sent to the Waiver Review Division."
    > >
    > > > 3) It's necessary to have recommendation letters?If yes, from whom?
    > >
    > > For the no objection method, the U.S. government does not require
letters of
    > > recommendation. The government of Italy may require them -- you'll have
to
    > > check.
    > >
    > > > 4) It's easyer to obtain the waiver if you didn't receive any USA
    > > > government founds or it doesn't make any difference?
    > >
    > > It is probably much easier if you did not receive U.S. government
funding.
    > >
    > > > For me would be very useful to have answers or any examples of similar
    > > > experiences.
    > Thank you for the answer.
    > I probably should have been more precise about my case. I'm an Italian
    > PhD student here in the states for a collaboration between my group
    > and an american one. In january I'll need to come back to Italy to
    > finish my program and I'll be subject to the 2 years requirement rule.
    > I received only italian government founds (my salary). After this year
    > in Italy I would like to come back and find a job here in the States
    > as posdoc but I don't have any sponsor or offer yet. My question is:
    > Can I still apply for the waiver during this year that I'm in Italy
    > (on the base of no-objection from my government) so that when I'll
    > find a job I will be able to apply for the VISA (H1-B of course)
    > immediatly? I would start to apply for the waiver now and not after
    > having a job offer as I know that is a long process.
    > Can someone answer about this?It will be really helpfull for me.

To obtain a waiver using the "statement of no objection method," you do not
need a job offer. You may apply while you are outside the U.S. Just read
the material in the link above. Everything is there, the procedure, the
application forms, everything.

The only variable information is what the government of Italy wants from you
to issue the statement of no objection. There may be someone reading these
posts who knows this exact information, but I have a feeling you will have
to do some research on your own, by calling the Embassy of Italy in
Washington, D.C.