USCIS publishes Executive Summary Of J-1 Exchange Visitor Waiver Teleconference
USCIS executive summary from the 11/2/11 teleconference regarding the adjudication of J-1 Exchange Visitor waivers of the two-year foreign residence requirement.
J-1 Visa
WRD (Waiver Review Division) and Waiver Application Issues
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
J-1 visa waiver concerns
Question details
I had come to US in September 2008 for 30 days externship (as short term visiting scholar) on J1 visa. After that I went back to India in October and came again in January 2009 on F1 visa to do PhD in animal science program. My concern is do I need to apply for J1 waiver before joining a job or a post doc here in USA? If yes, how should I go about it?
The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html
Canadian with J-2 visa
Question details
I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?
You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.
J-1 extension beyond 5 years
Question details
My J-1 at Cornell Psychology Department expired on Aug 31 2011 after 5 years. Currently I'm spending my grace period. I'm exempt from the 2 years rule. I was wondering if it could be further extended. If not, would it be possible for my department to issue a new DS-2019 (J1) instead? I have only been working here for about a year and have been at a different university before.
Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.
DOS Publishes QAs On New Regulations For J-1 Visa Summer Work Travel
New Regulations for J-1 Visa - Summer Work Travel
Taken Question Office of the Spokesperson Washington, DC
Q: Please provide details on the specific aspects of the new regulations for J-1 visas. What is the intention of these new regulations? Are we confident that these new regulations will protect recipients from abuse?
A: The Summer Work Travel (SWT) program has provided thousands of international college and university students an opportunity to visit the United States and experience the American people and culture firsthand.
DOS Announces New Website For J-1 Visa Program
Media Note
Office of the Spokesman Washington, DC
May 25, 2011
Also available in Russian
On June 1 the State Department’s Bureau of Educational and Cultural Affairs (ECA) will launch a new J-1 Visa Exchange Visitor Program website.
Guestbook Entry for Hamisu, United States
Name
Hamisu
Country
United States
State
Salihu
I was on J-1 visa
Question details
I was on J-1 visa for 18 months of training in a dental lab as a dental technician .I got my waiver on my J-1 visa .I came back from USA to India and applied for the F-1 visa in a community college .But I was denied f-1 visa on bases of section 214(b) of immigration (possible immigrant).What can I do next to get back to USA?
If the consulate is not convinced of your nonimmigrant intent (214(b)), it is extremely difficult to remedy that. Usually, people in that situation should explore options like H-1, L-1, green card - all of which do not require a nonimmigrant intent (intention to remain in USA only for a brief period of time).
File I-485 while J-1 waiver is pending
Question details
I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
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