20
votes
Can my spouse work in her home country before entering the US on a J-2?
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.
- 14.2k
6
votes
Accepted
Renewing J-1 and J-2 visas
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 ...
- 21k
5
votes
Accepted
J-2 visa: does 2-year old baby have to attend the visa interview?
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 ...
- 4,655
4
votes
Accepted
Marriage green card at end of current visa with 2 Year residency requirement waiver in-process, question
(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 ...
- 14.2k
4
votes
Accepted
Reapply for J1 Visa during current J1 program
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 "...
- 14.2k
4
votes
Is there a mandatory delay between a J1 and an H1B visa?
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 ...
- 259
3
votes
Exemption for children in the USA: should I get an ITIN or a SSN for them?
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 ...
- 14.2k
3
votes
Accepted
Tax treaty benefits: when was my "date of arrival"?
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 ...
- 10.5k
3
votes
Accepted
I have funding for 2 years in my DS-2019, why my J-1 visa is only valid for 1 year?
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 ...
- 21k
2
votes
Accepted
Income tax on J1 visa for 24 months on foreign salary while paying home social security taxes
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 ...
- 10.5k
2
votes
Is there a penalty if I withdraw a J1 visa in any stage of the process?
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:
...
- 3,946
2
votes
Accepted
Paying taxes after AOS?
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 ...
- 183
2
votes
Accepted
Tax treaty with France and two J1 visa
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 ...
- 648
2
votes
Renewal of J-1 visa in a different consulate
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.
- 151
2
votes
Renewal of J-1 visa in a different consulate
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 ...
- 4,678
2
votes
J-1 visa and two-years home residency requirement
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-...
- 4,678
2
votes
Accepted
Change visa status J1 to H1B
INA 248(a)(2) (8 USC 1258(a)(2)) says that someone admitted in J status to pursue graduate medical education or training cannot do Change of Status. It does not apply to all J1; only the graduate ...
- 14.2k
2
votes
Fulfilling J1-visa two-year residence, when you are no longer a citizen of "home country"
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 ...
- 14.2k
2
votes
J 1 visa issue date= start date?
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 ...
- 1,072
1
vote
J1 Visa: Am I allowed to make money in a foreign country?
The potential issue is that your J-1 status only gives you authorization to perform work in the US within your J-1 program. This issue depends on whether you are physically located in the US while ...
- 1,072
1
vote
J1 visa is up in June 2018; Can I apply for a tourist visa from my home country w/o finishing the 2 year rule?
Yes. The INA 212(e) home residency requirement simply prevents you from getting an H or L work visa or getting US permanent residency before you satisfy the requirement or get a waiver. It does not ...
- 14.2k
1
vote
Place of principal residence when J1
At the time, I asked my University, and they answered:
My instinct is to answer yes …. The U.S. considers the J visa as
a non-immigrant visa and the H-1B as a dual intent immigrant visa. Thus,
...
- 283
1
vote
B-1 visa holder applying for J-1 visa
You should be able to travel on B-1 until your J-1 is approved.
The rest is a matter of personal preferences. Describe "better" and the answer will change. Both routes are possible.
- 151
1
vote
Accepted
J2 visa renewal
It is not clear to me why he wants to renew his visa. A US visa is solely for entering the US. He needs to renew his visa only if he needs to re-enter the US in J-2 status. He cannot get a US visa ...
- 14.2k
1
vote
Renewing US visa via mail still possible?
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 ...
- 21k
1
vote
Accepted
German national, studying in Switzerland, J1 visa for the US, which embassy/consulate?
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 ...
- 572
1
vote
US J1 visa, port of entry different from final destination
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.
- 2,314
1
vote
Will I be subject to the 2 year J-1 Visa program?
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 ...
- 151
1
vote
Leaving a J1 program early, but returning on an ESTA?
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 ...
- 14.2k
1
vote
Accepted
W8-BEN / W9 mandatory for J2 (J1-dependent)? If so, how to get an ITIN?
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 ...
- 283
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