0

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?

1

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.

  • 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 Sep 18 '17 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 Sep 18 '17 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 Sep 18 '17 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 Sep 18 '17 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 Sep 18 '17 at 4:22

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.