Am I Eligible for the 2 yr home residence requirement?

[abhi30]

Hi,
I just received my DS 2019 for my J1 visa and was wondering if I qualify for the 2 year home residence requirement. The details of my appointment are as follows;

1. I have been appointed to the position of Postdoctoral Associate in Endocrinology.

2. My position is completely self funded (No government funds/ grants at all)

3. The position involves no clinical activities (I have received a letter to that effect) i.e It is purely basic research.

4. The skill of "Medical Research" is not included under the "Required Skills List" prescribed by my home country, India.(The list is available on the US State Department Website)

5. My position has not been sponsored by the ECFMG.

I think I should mention that I am a medical graduate.

Under the aforementioned circumstances, do I qualify for the 2 year home residence requirement?

Please reply at the earliest.

-AK

P.S.: If I do not qualify for the 2 year home residence rule, can I change the J-1 visa to a H1b visa without filing for a waiver? If not, will I have to procure a No Objection Certificate from my country of residence?

[nscagony]

What do the DS2019 and your visa stamp say? If there is no mentioning of the HRR, then you are likely not subject to it. Only an advisory opinion can get you a final verdict on this issue (check the Department of State website).

[vectorP]

Sometimes it can be a complex matter to determine whether or not one is subject to the two-year home residency requirement. DOS has a procedure for issuing an opinion in a given case on this issue. Please note that the DOS does not charge a fee for such advisory opinions, and does not plan to do so. In some instances, it could prove worthwhile to request an Advisory Opinion on the issue from the U.S. Department of State.

To get an Advisory Opinion, write to the United States Department of State. The DOS is responsible for the administration of the Exchange Visitor program and the two-year foreign residence requirement. Address your letter to:

Waiver Review Branch
United States Department of State
301 Fourth Street, SW
Washington, DC 20547


also see http://www.greencardapply.com/j1/j1_faq.htm