How strict is the 2-year home requirement day count?

[Veggie3]

Hi all,

I'm a Fulbrightee (got my Ph.D. in the US and worked for a year afterward) and I just returned home to begin my 2-year home residency requirement.

I'd like to consult other people who have been in a similar situation: how strict is the calculation of the days? Is it really 730 days, or will they accept one year and 10/11 months?

I plan to apply for jobs in the US already during my second year of residency: is that allowed?

Thanks!

[raevsky]

One day partly spent in the US is counted as being spent fully in the US. Even if you were in the US for just 1 minute. Other than that a day partly spent in your home country is fully spent in your home country.
Do not forget a leap year contains 366 days, not 365.
The counting is done based on the number of days in that month, in order to satisfy leap year effect. So, 1 day in february of a regular year is 1/(12*28) of a year, and 1 day in february of a leap year is 1/(12*29) of a year. You need two full years.

Applying for a job is OK if it does not affect your presence in your home country

[Veggie3]

Thank you for your quick reply.

OK, I have to bug you with a follow-up question: do you know of any cases where people who had, say, 710 or 720 days of physical presence were denied an H visa (or green card) because they didn't reach the full mark?

I'm asking this since I began my 2-year period in mid-July 2008, and I'd like to return to the US by mid-August 2010. You're implying that if I'll spend more than 30 days abroad during this period I might lose that academic year.

Thanks.

[raevsky]

You are right. They have to deny H-visa or GC under those circumstances, but I do not know any specific cases where it happened or not happened.
710 or 720 days is not enought. Requirement is 2 years, which is 730 or 731 days (dependening on whether a leap year is included).
Yes, you might loose the academic year, you are right.

[mmed]

Originally Posted by raevsky

One day partly spent in the US is counted as being spent fully in the US.

It is not US only, the 2 year country residence should be in home country not any where else and if so, those days should be added to the 2 years. Some people granted H before the end of the 2 years, MAy be no problems with H, the problem will show up with GC because it is more seriously investigated than visa. It is impossible for the US to make law of 2 year then make it two year minus day or month. If it is the case, it can say 2 year minus X days is the required peroid

[raevsky]

It is not US only, the 2 year country residence should be in home country not any where else and if so, those days should be added to the 2 years

That is true. What I meant is if you spend 1 day partially in your home country and partially in another country (not US), it could be counted towards the 2-year requirement (spent at home). But if it is spent partially in the US, it is excluded from time spent in your home country.