Getting F1 visa from my homeland during J1 HRR (J1 has expired)

H

hardikguru

Registered Users (C)
Hi,

I need your help on some questions of mine. Its a different case -

My company had sponsored me for a Exchange program in USA and the VISA I had was J1 for a duration of 6 months (Feb 2011 - July 2011). My J1 visa has now expired in July end.

Currently I am in India (my homeland) since 6 months would be applying for F1 Visa for MS in Fall 2012 in April end, 2012 for my Masters when the VISA slots open. But just recently I got to know of the J1 VISA clause - that I can't enter US for 2 years officially and have to spend 2 years in my homeland, but a waiver is possible.


1. Do I really need a waiver and is getting a waiver possible in 3 months?

2. Are there any additional documents/steps expected from me before I appear for the VISA interview for F1 Visa? This question if I do not need a waiver.

3. After I get my F1 visa, will my remainder duration in HRR remain? This question if I do not need a waiver.
 
>Hi,
>I need your help on some questions of mine. Its a different case -

>My company had sponsored me for a Exchange program in USA and the VISA I had was J1 for a duration of 6 months (Feb 2011 - July 2011). My J1 visa has now expired in July end.

>Currently I am in India (my homeland) since 6 months would be applying for F1 Visa for MS in Fall 2012 in April end, 2012 for my Masters when the VISA slots open. But just recently I got to know of the J1 VISA clause - that I can't enter US for 2 years officially and have to spend 2 years in my homeland, but a waiver is possible.

My friends who finished J1 visa program and doing 2yHRR visit US often, without waiver. (Their home country does have visa waiver program with US. They can travel US for 30 days without visa.)

>1. Do I really need a waiver and is getting a waiver possible in 3 months?

My J visa officer told me that 2yHRR prevents me only from getting immigrant visa or GC, not from non-immigrant visa such as F1 visa. But I do not know what kind of condition exists on getting F1 visa after you completed your j1 visa and returned your home country.

>2. Are there any additional documents/steps expected from me before I appear for the VISA interview for F1 Visa? This question if I do not need a waiver.

You may have to tell them that you are aware of your obligated for remainder duration of your 2yHRR and you plant to complete it.

>3. After I get my F1 visa, will my remainder duration in HRR remain? This question if I do not need a waiver.

Yes, it will remain.

I recommend you to talk to an immigration lawyer who know US-India relationship.
 
@kitten3

Thanks so much for your help. One last question -

A lot of people suggested me to seek a Immigration lawyer. I stay in Mumbai, India and I tried but have not got any contacts to a Immigration lawyer.

Do you know of somebody in Mumbai ? If not, how should I go about searching for one here ?
 
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