J Visa

Immigrant Intent in Issuance of J Visas

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I was in US from 2003 on F-1. I finished my Ph.D. here and changed to J-1 Status. I want to travel during 2012 summer, but need to go for J-1 Stamping. Do you think it will be a problem? Is there a chance that I might be stopped because of 214(b)?

Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.

Home Residency Requirement for Second Visa

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I got a J-2 visa and my wife on J-1 recently in which we have never travelled to US yet. Now my employer is ready to apply a L-1B for me and my wife L-2. Is this possible? Or will I be subjected to 2 years home stay restriction which is applicable for J visa without travelling on J. Will it be a problem in US consulate when I appear for L-1 visa as me and my wife have J-2 and J-1?

If I remember correctly, 212(e), the HRR, does not apply till you actually use the 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).

Canadian with J-2 visa

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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

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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.

J-1 Waiver Pending

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I applied for my waiver in Aug 09 from the US and sent completed DS 3035 to the Waiver Review Div. in St. Louis, MO and Indian Embassy in DC. I returned to India in Sept 09.I have not had any updates since then. I would like to know (1) If I have missed any steps and if that is the reason why my waiver status remains unchanged (2) If I HAVE TO and can still apply for the NORI and obtain my waiver since I already have my case number and barcode (3) If I apply for the NORI from India, where do I send the Statement and Affidavit for attestation? (4)Are there any additional steps for waiver from India?

Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.

J-2 visa and I-275

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My spouse is J-1 and is in US and I want to apply for J-2 to enter US. But 10years back I was denied entry in US on my B1/B2 Visa with I-275 executed stamp on my passport because in my last stay in US I attended college for a semester on B1/B2 visa. So I need to ask are there chances that I will get a J-2 visa to join my spouse?

It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.