alien physician and 12 months bar

G

godfather1212m

Registered Users (C)
Hello there,
I have an important question pls.
I am currently present in the US on J-2 dependent status and my wife is a research scholar.I am plaining to join the residencies match on sept 2008 but my wife visit will end at dec 2008. my questions is :
1- if i matched will i will be able to return back to US to start residency on july 2009.
NB. I know i am liable to 2 home country physical presence section but i will return on the same visa type (J-1)
- Will i be subject to the 12 months bar section. somebody told me that this rule applies only to professors ans research scholars only not to alien physician.
2- generally what is the difference between 12 months bar and 24 months bar.
 
Hi,

I am in the same situation as you.
I read the regulations for J1 exchange visitors( 22 CFR 41.63). It does not seem that the 1 year bar is applicable to you(or me).
The copy of the regulations is available as a pdf file in the state dept. website, or I can e mail you a copy.
Do share any further information you have in this regard.
Thanks.

Gourab
 
Dear Mmed and Gourab 1:
Here is an email consution regarding my case to the OIS of the university my wife works in I would like to know you opinions, notice that the reply comes before the questions:

Dear Sir,



After doing some reading and consulting with my colleague, it appears that you are not subject to the 12 month bar. It is for starting a J-1 as research scholar or professor. Considering the 2 year home stay, your change of status may be rejected if you try to change your status within the US using I-539. However, you should not have a problem entering the country on a new DS-2019 in the new status.

Ben



Ben Colston, Intl Student Advisor

Office of International Students & Scholars

Washington State University

Bryan Hall 108

Pullman, WA 99164-5110

Phone: 509/335-4508

Fax: 509/335-2373

www.ip.wsu.edu/oiss






--------------------------------------------------------------------------------


Dear Ben,

I would like first to thank you for the time you spent today listening to my questions. I really appreciate it. To briefly formulate my case, I am an alien physician from Egypt and my wife is visiting WSU as a research scholar on J-1 visa. We started our visit on 11-29-2006. I believe that my wife will end her research in two years (before 11/2008). Now I am preparing for US medical license exams, I believe I will finish then in September 2008. Afterwards I have to apply for residency which is supposed to start in July 2009, if I am matched (I am supposed to be in Egypt at this time). My questions are:


1- I know that my J-2 status is subject to 2 Years Home Country Physical Presence section, But the Educational Commission for Foreign Medical Graduates (ECFMG) will issue me a new DS 2019 for another J-1 visa. This means that I will come again on the same type of Visa (J) not H or Green Card. So, in this case do I still have to spend 2 years in my home country?

2- Am I going to be subject to the 12 months bar that must be between 2 successive J visas? To my knowledge, it is applied only on 2 sub-categories of J Visa which are research scholar and professor, not on alien physicians
 
Hi all,

I did some reading on my own, specially the CFR document that I have earlier mentioned in this thread. The 12 month bar( now 2 years) is for those who want to re-enter as research scholars and professors.
Thanks,

Krishnaj.
 
godfather1212m said:
I hope anybody can reply my question,
Click to expand...

The important point from my opinion and I think the only option for you is to finish the exams, apply for residency and secure a position then the rest is easy. You can apply for EAD now and do not mention your visa issue to the programs because this will decrease your chances to get a spot to great extent.
 
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