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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  
Old 7th October 2008, 01:38 PM
sushraja sushraja is offline
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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  
Old 7th October 2008, 01:56 PM
nscagony nscagony is offline
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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.
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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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  #3  
Old 24th October 2008, 12:03 PM
tabaliya tabaliya is offline
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Quote:
Originally Posted by nscagony View Post
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 don't think this is correct.

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  
Old 24th October 2008, 03:25 PM
nscagony nscagony is offline
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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.
__________________
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  
Old 24th October 2008, 04:43 PM
Triple Citizen Triple Citizen is offline
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Your two visa stickers were for the same J-1 program?

Quote:
Originally Posted by sushraja View Post
Do i need to get waiver twice for each j1 stamping or is it enough to get one waiver for the two stampings.
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**NOTE**
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  #6  
Old 24th October 2008, 05:31 PM
tabaliya tabaliya is offline
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Quote:
Originally Posted by Triple Citizen View Post
Your two visa stickers were for the same J-1 program?
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  
Old 27th October 2008, 02:41 PM
tabaliya tabaliya is offline
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Quote:
Originally Posted by tabaliya View Post
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
I checked with my attorney too and she confirmed you need to get only ONE waiver for any ONE program, regardless of the number of J-1 stamps you got to enter the program.

AP
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  #8  
Old 6th November 2008, 03:28 PM
Rakesh_ran Rakesh_ran is offline
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You need only one waiver..good luck
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  #9  
Old 11th November 2008, 02:30 PM
sushraja sushraja is offline
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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  
Old 18th February 2009, 07:54 PM
kitten3 kitten3 is offline
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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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