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I had a 1-year J1 visa with a 2-year waiver in 2013-2014, and worked in the USA. The program was funded by my home university. I am a Singapore citizen.

I have not gone back to the US until now (2017). However, now I have gotten the opportunity to work at a university. They are offering me a J1, with the possibility of conversion to F1 as a PhD student if things work out.

However, I am not sure if the 2-year waiver will apply for me now that this is the 2nd time. However, I did not go back the last time. Also, if I get the F1 visa and finish my master's/PhD and get an OTP, will the 2-year rule still apply then?

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If your new J1 has a 2-year home residency requirement, it will prevent you from getting H or L work visa or permanent residency until you've been physically present in your home country for 2 years afterwards, unless you get a new waiver for it. Changing to another status does not affect the requirement. Your previous waiver of your previous 2-year home residency requirement doesn't apply to any future 2-year home residency requirement.

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  • yes..but does having a past J1 visa affect a new J1? Also, the J1 I am getting is a research scholar J1 visa, and is privately funded. Does the 2 year rule apply then?
    – Raaj
    Commented Sep 18, 2017 at 3:38
  • @Raaj: I am not sure what "2-year rule" you are talking about. You are very unclear in your terminology. There is the INA 212(e) 2-year home residency requirement, which some J1s have, which prevent you from obtaining H or L visas or permanent residency until you have been physically present in your home country for 2 years. It does not affect getting other types of nonimmigrant visas including J visas.
    – user102008
    Commented Sep 18, 2017 at 3:47
  • @Raaj: There are also the 12-month and 24-month bars, which are completely unrelated to the home residency requirement thing. The 12-month bar is if you have been in J1 for more than 6 months, for any type of J1, you cannot get J1 as Research Scholar or Professor within 12 months. The 24-month bar is if you have been in J1 as Professor or Research Scholar, you cannot do J1 as Professor or Research Scholar again within 24 months.
    – user102008
    Commented Sep 18, 2017 at 3:49
  • Okay, so let me try to understand. There are 2 types of bars, the 2 year home residency requirement, and the 12month/24month bar. So my question is, if I get a 1 year J1 research scholar visa, will the 2 year home residency requirement be applicable for me?
    – Raaj
    Commented Sep 18, 2017 at 3:55
  • @Raaj: It depends. Some J1s have the 2-year home residency requirement, and some J1s don't. They have it if the program was financed by the US government or your home government, or is in a field that is necessary for development of your home country, or if you are here to receive medical education or training. Usually the DS-2019 would indicate whether it has the requirement, but this is not always authoritative.
    – user102008
    Commented Sep 18, 2017 at 4:22

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