A special case... Please help

Ur_unni

New Member
I am an Indian National who is currently a student of Georgia Institute of Technology studying for the Master of Science degree in their French campus of Georgia Institute of Technology in Metz. After completing a year of my studies here, I am planning to finish the rest of my studies in the Atlanta campus of Georgia Institute of Technology. I would most probably be coming on a J1 Visa which will be issued from France. In this case, I would like to know if I would be bound by the J Visa Two-Year Foreign Residence Requirement [INA 212(e)].

As an Indian citizen, I would come under a Exchange Visitor Skills List – 2009 category. But, by the time I apply for my visa, I would have lived in France for almost a year and I have a Carte de Sejour which is the French residence permit on my Student Visa. Like I had mentioned before, I would be applying for my visa from France. And I have seen that France was removed from the Exchange Visitor Skills List – 2009. I would also like to let you know that I would not be funded by any government or international agencies. Below are a few things that I found on the TRAVEL.STATE.GOV website.

“If the country of your nationality differs from the country of your last legal permanent residence at the time you obtained your J-1 status, the skills list from the country of your last permanent residence at the time you obtained your J status would apply. If both are the same, then the skills list from your country of your nationality would apply. Some countries do not have a skills list.”

“The 2009 Skills List applies to exchange visitors who receive their J-1 visa on or after June 28, 2009, and whose country is on the 2009 Skills List. Exchange visitors who entered the U.S. prior to June 28, 2009 continue to be governed by the skills list that was in effect when they received their J-1 visa. Exchange visitors whose countries were removed from the 2009 Skills List, are, retroactively, not subject to the two-year home residence requirement based on the Exchange Visitor Skills List, even if they entered the United States prior to the effective date.”

Based on all these, I would like to know if I would be bound by the J Visa Two-Year Foreign Residence Requirement [INA 212(e)]. I hope that you will clarify my query as soon as possible.
 
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