fulfilling 2yr HRR while on O1?

[Beli]

Hello,

My husband is a Fulbright on a J1 who has just been hired at a research university here in the US. I am an American citizen and we have a daughter. We applied for a waiver to the HRR based on NOL and it was denied. Thanks to this forum I have since learned that this is no surprise, though we are still devastated.

His employer has agreed to sponsor him for an O1 visa. We have learned that the HRR can be fulfilled in aggregate rather than continuously. Our question is does time spent in one's home country while holding an O1 visa count toward fulfilling the HRR? This would be vacations, a semester of teaching, summers, etc.

Our hope is that we can accrue enough time to fulfill the requirement over the next years.

We would be so grateful for any info or links where we can follow up on this.

 

[academics]

Hang in there

Hi:

i am explorin the same issue. I was just approved for an O-1. I have been in the US for the past 10 years, came on a fulbright from Germany in 1999, finished my Ph.D. in 2008, and have been wrking at my curretn psotion (the one that sposnored my O-1 Visa) for the past 2.5 years.

I have been correponding with a lawyer who told me that he would do some more research. As soon as I hear back, I'll post his response.

Good lucke.

feel free to email me at cserno at umd.edu

Best of luck!!!

 

[academics]

I got some feedback from my lawyer

If you are still interested, I have some feedback from my lawyer regarding fulfillig the 2-year residency requirment in increments while on an O-1 Visa.

If you are interested, please respond to the post, and I'll get back to you.

Happy winter days!

Academics

 

[radmd]

Hello Academics,

I am physician in same position and I would like to know if thats possible if I am on O-1 visa?

Thanks

 

[academics]

Hi radmd:

According to my lawyer, the regulations in the original law states that in order to fulfill the 2YRR, one has to "resident and be physically present" in the country of citizenship. The lawyer whom the university I work for has hired to process my O-1 application asked some of his colleagues who have worked with individuals in this same position, and he was told that if one lives with family while residing in the country of origin, it is useful to have affidavits from non-family members that state that the individual was indeed living there. Any paper trail such as bank statements, utility bills etc. are helpful. It was recommended to me that longer periods, if the 2 years were to be broken up, are advantageous. He suggested 6 months periods, but not shorter than 3 months.

He also reminded me that the whole idea of the 2YRR is to give back our expertise gained as Fulbrighters to the country of origin. So working in some capacity that has connections with our work here in the US is very helpful. My lawyer also mentioned that it is helpful if dependants are with us as well, e.g. souses or children.

I have a conference call mid-March with my supervisors here and the lawyer and might know more then. Will keep you informed.

Hope this was helpful.

Best, academics

 

[radmd]

Thank you very much. That was very helpful.

Could you please clarify the 6 months and 3 months periods? I am applying to O-1 visa but my problem is that I will be having 2 months every year as vacation time and I was going to divide them as one month each 6 months and do locum back home. If I need 3 months every year that could be problematic as I am physician.

 

[Beli]

Academics,

Thank you so much for your reply. I apologize for the belated response. That's interesting that your lawyer recommends no less than 3-month increments while fulfilling the HRR. Since my husband works on an academic calendar this would certainly be plausible for us, though far from ideal. I'm wondering if this is just a recommendation or if need be one would be able to literally count the days in one's home country, no matter the length of stay?
Either way, thank you so much for the info. Many folks have been telling us attaining an O-1 would be difficult so early in my husband's professional career but it gives me hope to hear your successful story. (And he, like you, has his University applying on his behalf). If you have any further info or updates, please post them as I will be checking and updating this website regularly now.

Best,
Beli