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20

She is only in J-2 status when she is in the US. When she is outside the US, she doesn't have a US status and she is not subject to any US regulations about what she can do in J-2 status.


7

The SSN never changes once assigned, and your immigration status has no effect on it.


6

The 2-year requirement in INA 212(e) only applies to immigrant visas and H and L nonimmigrant visas. It does not apply to TN and TD. The Foreign Affairs Manual explicitly confirms this for TN/TD in 9 FAM 402.17-11.


6

Before addressing your questions, I would like to mention the difference between having a valid visa and having valid status. The visa has no bearing whatsoever on whether you are allowed to stay in the US. It allows you to travel to the US and apply for entry. Therefore, you don't need a valid visa unless you're planning to leave and reenter the US. See, ...


5

According to The Nonimmigrant Visa Interview from the US Embassy in London: Applicants aged 14 - 79 are required to appear in person for an interview with a consular officer through a pre-arranged appointment. Since J-2 is a nonimmigrant visa, the above is what applies to you. (The rules are slightly different for immigrant visas.) You may wish to ...


5

Do I need to extend my J1 visa for these three months if I'm not going to travel to the US during that time? As long as you're not physically present in the US - you can do whatever you want. You don't need US government's permission to work for someone in your home country. However, you need to check the laws in your home country on that. You'll be ...


4

No. You were exempt from FICA for the part of the year you were on J-1; and not exempt for the part of the year you were on H-1b.


4

There are 12-month and 24-month bars if your new program is in the "Research Scholar" or "Professor" categories only (not other J-1 categories): If you were previously finished a program on J-1 as a "Research Scholar" or "Professor", then you cannot start a new J-1 as a "Research Scholar" or "Professor" again within 24 months. If you were in any J-1 or J-2 ...


4

It's tricky trying to find something that explicitly allows this, because trying to prove something is legal is often like trying to prove something is negative. However, you seem to have anticipated the primary issue, which is the foreign residency requirement. If your country is exempt, then there is mandatory period during which you are ineligible to ...


4

(I'll assume that you mean that your J1 program is finishing in a few days (not your visa; visa's expiration date doesn't matter as visas are only for entry), and thus you will remain in J1 status for 30 days after that.) As for whether you can apply for Adjustment of Status (I-485) while a waiver for the 2-year home residency requirement is pending, there ...


3

In general, except for rare cases, you can only get an SSN when you are authorized to work. People on J-2 (including both spouses and children of the J-1) have the option to apply for EADs (note that it is not cheap; the fee for I-765 is $410), in which case after they get the EADs they would be authorized to work and can get SSNs based on that; but without ...


3

Usually you would find the detailed explanation in the "Technical Explanation" or another similarly named document coming with the treaty. Unfortunately, the IRS site doesn't list such a document for Romania. For other countries, the date of arrival is usually the first date of arrival in the capacity referred to in the article, with some treaties ...


3

Visa is not the same thing as status. The visa only allows you to apply for entry at a port of entry. To remain in the country, you must maintain your status. As far as the visa is concerned, you only need a new one if you leave the US after the old one expires. If you do, you'll have to apply for a new visa while you are out of the country; if you do ...


3

You have to actually enter the U.S. on a J-1 visa, or change to J-1 status in the U.S., in order for the 2-year home residency requirement to apply. So even if you got the visa, if you don't use it, you don't have the 2-year home residency requirement. You can probably also ask to withdraw the application for the visa, depending on what stage of issuing it ...


2

Yes, she can. Keep in mind that J1 may have limitation on staying in the US (i.e.: you must stay out of the US for some period of time, typically 2 years, before coming back in any other status). This may affect you and her. Check your paperwork.


2

However, I have read that for the first 2 years J1 visa holders are usually exempt from federal income and FICA taxes. Not at all. There's an exemption from FICA for J-1 holders for income that is related to their J-1 status. There's an exemption from the substantial presence days count for J-1 status for two years. There's no blanket exemption from ...


2

Not at all. In fact, this was asked a while back over on travel.SE, and I answered it by contacting IEP who I used for my J1 Visa. They deal with thousands of J1 visas a year, and confirmed that: Hi, no it wouldn’t be considered refused if they cancelled it. Given they have students and others applying and changing degrees and getting jobs and more, I ...


2

The home country that the 2 years must be spent in is the country of the person's nationality (at the time of admission into J1 status), or the country of the person's permanent residence (at the time of admission into J1 status), if it is different from the country of nationality. Were you a permanent resident of Czechia (<- now official name ;)) when ...


2

To answer my own question. I spoke with the tax professional at my workplace and the information is the following: I don't pay any taxes retroactive. I begin paying taxes as soon as my status has officially changed (the start date of the green card).


2

What decision are you referring to? Did the IRS notify you of your resident alien status? In 2014 it seems like based on the amount of time you spent in the US, you were already a nonresident alien and wouldn't have needed to use an exception.


2

Just to confirm, I was able to renew my visa in a consulate of a different country my passport was issued, and also my previous visa. No delays or complications.


2

Yes, you may be able to renew your J-1 visa at a US consulate in a country other than your home country, as a 'third country national (TCN).' Not all US consulates accept TCN, so you would need to check in advance with the specific consulate for its TCN policy. The website of the American Embassy in that country would have visa instructions in the non-...


2

The US Department of State Bureau of Consular Affairs gives guidance on how to seek an advisory opinion, should you be unclear of your obligation. If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver ...


2

It's not normal for a J-1 visa to show the DS-2019 program dates, particularly because normally the DS-2019 program dates can be changed and you can still use the same visa. Try a Google image search for "J-1 visa" and you will see that most mention only issue date and expiration date, as well as the annotation regarding whether you're subject to the 212(e) ...


1

First, the executive order is not currently in force because a court has temporarily enjoined the administration from enforcing it. The temporary restraining order could be lifted in the future, so the executive order might come into force again. Under the executive order, there is no change to visa procedures for those who aren't affected by it (that is, ...


1

As stated on the US Travel Docs website: "Applicants are generally advised to apply in their country of nationality or residence. Any person who is legally present in Switzerland may apply for a visa in Switzerland" As such, you can apply either in Switzerland or Germany.


1

As mentioned by @Dorothy in the comments: As long are you're entering the US not more than 30 days before the start date on your DS-2019, your port of arrival shouldn't be an issue.


1

The 2 year home residency requirement for J-1s is governed by INA 212E. If your funding is similar to NIH R01 grants in the name of your PI, then it is not considered a direct funding from government to you. Sometimes you can get a (cap-exempt) H1-B visa as a postdoc. It depends on institutional policy and comes with it's own limitations (H1 transfer rules, ...


1

Your J1 visa is still valid, but you cannot use it to enter the US unless you are returning to resume your J1 program, which you are not doing. You could visit on the Visa Waiver Program if you are eligible.


1

As it turns out, my wife could get an ITIN only if she was going to be claimed as an exemption for my taxes. The IRS doesn't seem to deliver ITIN for any other reason, so we waited for my "treaty rights" to be exhausted, and filled out an application when we did our taxes the next time. Maybe there is another way to proceed, but it seems that you can't get ...


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