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I am on F1 visa started back in July 2017, prior to that I

was on J1 visa. I...
i am on F1 visa started back in July 2017, prior to that I was on J1 visa. I am subjected to 2 year home return requirement and cannot work at the moment because of that. My question is it is easier to apply for J1 hardship waiver or F1 economic hardship in order to work. Thank you
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: on f1 visa no pendinf petition
JA: Have you talked to a lawyer yet?
Customer: no I talked with HIO advisor in the university, they feel that I can do it my myself
JA: Anything else you want the lawyer to know before I connect you?
Customer: i am not very familiar with the process i can read about it and apply but afraid of failing
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Answered in 5 minutes by:
11/3/2017
Expert James
Expert James, Lawyer
Category: Immigration Law
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ANSWER: These are two completely different waivers for two completely different reasons. The hardship waiver is a waiver to let you work while on F1 status. The J-1 waiver is to waive the 2-year HRR.

In my opinion, I think the hardship waiver for OPT is the easier of the two options for getting to work because you are not asking to waive the residency requirement. Also, you are going through the USCIS, not the Department of State (And your home country), which you would do for the J-1 waiver.

On the other hand, the No Objection Waiver of the 2-year HRR gives you more flexibility in the future. But it is likely harder to get through since it involves the Department of State and your home government.

If the goal right now is just to work, I would go for the F-1 hardship waiver for employment while on F-1 status.

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Customer reply replied 1 month ago
Can I apply for F1 hardship now or I have to wait for 1 full academic year.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: You can either work on-campus during your first year without the hardship, or you can work off campus if you get the hardship waiver.

I can send you a link to many Frequently Asked Questions and answer related to F-1 employment if you'd like. But please go ahead and give me credit for working with you now, so that I am assured credit for doing my job.

Thank you

Expert James
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Category: Immigration Law
Satisfied Customers: 12,496
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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