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| J-1 Home Residency Requirement Issues related to Waivers, change to other visas while on J-1, etc. |
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#1
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Do i need to get waiver twice
I came to us on aug 2007 on j1 visa subjected to 2 year rule. Again i came here on aug 2008 on j1 visa with 2 year rule.
I started the nori process before the second stamping. Do i need to get waiver twice for each j1 stamping or is it enough to get one waiver for the two stampings. I request someone to give clear information. Advance thanks |
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#2
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No, you need 2 separate waivers. Also, technically you shouldn't have gotten the 2nd J-1 if the first one had a HRR.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008 I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008. Card received on 8/22/2008. |
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#3
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Quote:
As long as there is no break in the J-1 status you can continue to get new J-1 stamps - once you lose J-1 status then the HRR kicks in and you must stay back 2 years. The HRR applies only after the status becomes inactive in SEVIS (Student and Exchange Visitor Information System). Technically J-1 status used to be extendable for 3 years - now it can be up to 5 years. A friend of mine has recieved 3 J-1 stamps - one each in 2006, 2007 and 2008. She too started NORI processing in 2006 but didn't turn in the letters to the Indian consulate. She is planning to apply for NORI this year. I hope she doesn't need to do this three times over. AP |
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#4
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He came here on two separate J-1 visas. If it was just one visa and he got two stamps, thats different and he needs just one waiver.
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I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008 I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008. Card received on 8/22/2008. |
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#5
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Your two visa stickers were for the same J-1 program?
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Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such. |
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#6
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That's right - as long as the re-entry was for the same program (teaching a course at the university) then only one waiver is required.
If you first entered as a J-1 student and then the following year as a J-1 scholar then those are two different programs. Pavan |
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#7
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Quote:
AP |
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#8
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You need only one waiver..good luck
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#9
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Thank you friends, Now I have started the process and about to apply for case no. Thanks again and I will share my experience and timeline with you once it is over - Sushraja
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#10
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I heared that home residency requirement does not get accumilated.
My friend came US for MA only and she got J1 funding for her MA. She decided to do her PhD in the same school and the J1 program decided to support her. She asked the visa officer whether she would owe 4 years (2 for her J1/MA and 2 for her J1/PhD). The officer told her that she would owe 2 years only not 4 years. Good luck! |
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