J1 residency issue for pre-mature termination

[ag7rqster]

Hi,

A colleague of mine has recently been laid off from his research group by his supervisor (I do not know the details). He is on J-1, and has a few weeks to find a new job. He asked me to email on his behalf. The question he had was this: he's only been here for 7-8 months, so if his visa expires and he goes back to India, will the 2-year home residency requirement apply given that he has been in the US for less than a year? From what I understand, one is ineligible to apply for a waiver before 1 year, so does this mean that the home residency rule does not come into play before 1 year? If so, he can probably re-apply from India before a year expires.

[kitten3]

Hi ag7rqster,

There are J1 visa that does subject to the 2years rule and that does not. Let him check his visa first. If it says "does not subject", he does not need to worry. It it says "does subject", he has to worry.

The visa officer who works for the program I am in told me that the program prepared a no objection letter for several ex-participants who were in 3-6 months program. I think people who are in short program are subject to 2 year home country residency requirement. But, they have more chance to get weiver. Tell your friend to contact Department of State. I am curious how your friend case will be treated. Please post the result.