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.
user102008's user avatar
  • 14.7k
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 ...
phoog's user avatar
  • 21.6k
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 ...
user102008's user avatar
  • 14.7k
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 ...
jimsug's user avatar
  • 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 ...
user102008's user avatar
  • 14.7k
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 ...
littleadv's user avatar
  • 10.9k
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 ...
Freddy's user avatar
  • 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 ...
qoba's user avatar
  • 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.
retrot's user avatar
  • 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 ...
Giorgio's user avatar
  • 4,723
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-...
Giorgio's user avatar
  • 4,723
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 ...
user102008's user avatar
  • 14.7k
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 ...
user102008's user avatar
  • 14.7k
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 ...
krubo's user avatar
  • 1,102
1 vote
Accepted

J-1 visa usa duration and possibility to leave usa?

With a J-1 visa is it possible to leave the US and re-enter? Yes, as long as your visa remains valid. J-1 visas are issued as multiple-entry visas. Moreover, when you apply for a J visa do you have ...
phoog's user avatar
  • 21.6k
1 vote

Is another SEVIS fee payment required after J-1 transfer?

In almost all cases the I-901 SEVIS fee is tied to your SEVIS ID. If your SEVIS ID stays the same, your SEVIS fee remains valid and you don't pay another. If you get a new SEVIS ID, you pay a new ...
krubo's user avatar
  • 1,102
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 ...
krubo's user avatar
  • 1,102
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 ...
user102008's user avatar
  • 14.7k
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, ...
Clément's user avatar
  • 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.
mzu's user avatar
  • 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 ...
user102008's user avatar
  • 14.7k
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 ...
phoog's user avatar
  • 21.6k
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 ...
Crazydre's user avatar
  • 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.
JonathanReez's user avatar
  • 2,374
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 ...
mzu's user avatar
  • 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 ...
user102008's user avatar
  • 14.7k
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 ...
Clément's user avatar
  • 283
1 vote

J-1 visa home country residency requirement

This page appears to be one of the clearer sites that discusses this. The two-year home country requirement usually depends on the following issues: Government funded Exchange Program - You ...
mkennedy's user avatar
  • 2,692

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