J1 and 2 HHR

Z

Zsofi

Registered Users (C)
Hello all,

Well, I am very new to this forum, and I'm not even sure if I'm writing under the correct topic or not. So, let's see. Ok, I'm just going to apply for a "non-immigrant visa" at the US Embassy in my home country, as a prospective PhD student. My tuition and everything will be covered by the professor, of whom I'm going to work under. (plant pathology- biologist) I assume, since I'll be supported by this professor that I'll get a J1 visa, and not an F1 visa. My first question is:

Will I actually get a J1 visa, or an F1 visa then? (I'm just not sure, so I thought I would ask to make sure, that I know actually what visa I will apply, or rather, get granted)- if get granted, of course.
My other question is that I've read through this board, and found out that some J1 visa holders are subject to this 2 HHR (212e). My other questions are related to this fact. First of all, who gets this 2 HHR? Would I get one? (might be a stupid question, as of the consul might decide)
My other question is that a couple years ago I was living in the US as a J2 (child under 21) and when I was about to turn 21, I wanted to stay with my family in the US and continue my studies, so I applied for a waiver (no objection). I've got the letter from my embassy that they don't have no problem and accept it, however never ever got any response from USCIS. I did moved back to my home country though, being afraid that I would become illegal, "visaless". :) How can one check what happened with that case? o_O

Well, right now these questions arose, but I might going to have a bit more, since I'm really really off of immigration related issues....

Thank you for your responses, I would really like to get some feedback, experiences...I know you guys aren't lawyers, but ideas/experiences never hurt me! :)
Thank you!
 
These points may not answer all questions
1- If your family applied for waiver before this is an intent to immigrate which may lead to denial of your current J1 application.
2- You can get F or J depending on the policy of the department you are going to join; F may be a better option for you
3- Some J are subject to the 2HHR depending on many factors; according to your story you may be not subject to the 2HHR
4- If you have the number of the old waiver application you may check the department of state decision on their web page, but since you already spent 2 years in your home country, this decision may be useless.
 
thank you

Dear Mmed,

First of all, thank you very much for your response, I really appreaciate it! Do you mind if I ask you a bit more? :/
Well, first of all, it wasn't my family back then who applied for a waiver, but myself, as of I was turning 21 soon, and I've read (at that time) at the INS site that a dependent can seperately file for a waiver if they turn to 21 and would like to change to another status. So, I, myself filed for the waiver because I wanted to change it to F1, so I could continue my studies without going back home for two years and having my family (J1 holders) back in the States. It wasn't an immigration intend, and now you made me worried, that they might deny my visa (whether F1 or J1) because they will think it was an "immigrant intend". :( Do you think this could happen? Even if I got B tourist visa back 3 years ago, and is valid for 10 years? (I assume, they only issued this because they realized, I don't have immigration intend)
Second, yes, you're probably right, and F visa would be better for me....I just don't think I would get it, if my professor is sponsoring my studies....
Third, why do you think I would not be subject to the HHR? Because I once filed for the waiver, and got as far as getting a no objection statement from my gvt? Or because I would study as an international student? This is weird....:)
Fourth, thank you for your advise, I actually have the number, and tried it, but it says "you have no information about this case, call bla bla bla number"....interesting...

Thank you for your response to my questions in advance, you are a great help, and I hope I'll be able to help you one day! :)
 
Zsofi said:
Dear Mmed,

First of all, thank you very much for your response, I really appreaciate it! Do you mind if I ask you a bit more? :/
Well, first of all, it wasn't my family back then who applied for a waiver, but myself, as of I was turning 21 soon, and I've read (at that time) at the INS site that a dependent can seperately file for a waiver if they turn to 21 and would like to change to another status. So, I, myself filed for the waiver because I wanted to change it to F1, so I could continue my studies without going back home for two years and having my family (J1 holders) back in the States. It wasn't an immigration intend, and now you made me worried, that they might deny my visa (whether F1 or J1) because they will think it was an "immigrant intend". :( Do you think this could happen? Even if I got B tourist visa back 3 years ago, and is valid for 10 years? (I assume, they only issued this because they realized, I don't have immigration intend)
Second, yes, you're probably right, and F visa would be better for me....I just don't think I would get it, if my professor is sponsoring my studies....
Third, why do you think I would not be subject to the HHR? Because I once filed for the waiver, and got as far as getting a no objection statement from my gvt? Or because I would study as an international student? This is weird....:)
Fourth, thank you for your advise, I actually have the number, and tried it, but it says "you have no information about this case, call bla bla bla number"....interesting...

Thank you for your response to my questions in advance, you are a great help, and I hope I'll be able to help you one day! :)
Click to expand...

1- Any waiver application by itself is an intent to immigrae whatever your real intention is. So, call the number on the web site to be sure that you have an application for waiver or not
2- To ber subject to 2 year HHR you should have salary from your government, US government, your study field is in what they call the skill list and some other categories. So check if you will be under one of those categories an dsearch this forum too
 
thank you again

Hey Mmed,

You're a great help! You're awesome! Thank you! Well, I guess I'll just call them up, although I doubt anything has been done with my waiver application since I went back home, and served the 2 years instead, I just didn't notify them about this. As for the 2 HHR thingie, do you happen to know where I could find the "skill list" or whatever it is called? I don't get any salary from the US gvt, or from my home gvt., and I am just going to be a student. I only think this j1 visa actually applies to me is that I'll be a graduate student researcher, and those people get their tuition payed by the professor they're doing research under. Well, I guess time will answer all of this when I'll apply for a visa. :) Thank you again, and don't leave the board, you're awesome and very very helpful! Thank you!
 
still in doubts...

Hey Mmed and others,

I'm still in a great doubt about this J1 and F1 visa. I was waiting all this time for my proper form to arrive from the school I've got accepted into and I just got an email from SISS that I have to fill out a form first about what visa I want to apply, and there are also fields to fill about how will I be supported. For example, if by myself or relatives, then attach bank statement, if by university then attach the letter. So, I don't want to mess it up, and would like to ask you all again. If I'll be doing graduate research and TA and the professor I'm going to work under funds my studies (tuition, books, stipend etc.) then should I check J1, or F1? This is sooo confusing! I heard from some that I should check J1 since I will be funded by my major professor while others said it is still an F1 visa. What do you guys think which one I should check? I just don't want to make a mistake, because it'll take extra time again to start the whole process over, and that's why I ask.
Thank you for your answers in advance!
 
Zsofi said:
Hey Mmed and others,

I'm still in a great doubt about this J1 and F1 visa. I was waiting all this time for my proper form to arrive from the school I've got accepted into and I just got an email from SISS that I have to fill out a form first about what visa I want to apply, and there are also fields to fill about how will I be supported. For example, if by myself or relatives, then attach bank statement, if by university then attach the letter. So, I don't want to mess it up, and would like to ask you all again. If I'll be doing graduate research and TA and the professor I'm going to work under funds my studies (tuition, books, stipend etc.) then should I check J1, or F1? This is sooo confusing! I heard from some that I should check J1 since I will be funded by my major professor while others said it is still an F1 visa. What do you guys think which one I should check? I just don't want to make a mistake, because it'll take extra time again to start the whole process over, and that's why I ask.
Thank you for your answers in advance!
Click to expand...

Every visa has advantages and disadvantages. What fit you may not fit others. Just see what you want and what is your plan for future. F visa has a great advantage not to have the 2 YHR. The F may be better option for you. Good luck
 
Dear Mmed,

Thank you for your reply. And yes, I know that every visa has advantage, but I'm only asking which one should I apply because I HONESTLY don't know which one should I apply for as a student who will be funded by their major professor in return of TA and GSR position. Is that still would qualify me for F1, or it is no longer F1 rather than J1. I'm only asking because I don't want to check the wrong visa type and get it sent back and delaying my whole process. I know F1 woiuld be better for me, but I just don't know if I qualify for that, or not.
Again, thank you for your answer, and if you know, please clarify this to me. :)
Thank you very much, and please take care!
 
Its no problem to get F1 if you are funded by a department. Even getting funding from government grants is fine. J1 is used for people who are funded by their home government, or receive a scholarship from the US or some foreign government. TA/GSR are salaries and you almost always get F1 in that case.
 
thank you

Thank you as well nscagony!

This is suprising news to me and that's what I was trying to figure out all this time. So, I can just check F1 even if I am fully funded by my department in return of doing GSR? Cool! Thank you for your response! All this time I didn't fill out that form that I was suppose to send back to SISS because I didn't know which I shold check mark (F1 or J1). So, I guess it's F1 then. Thank you very much! And you and Mmed should stay on this forum; you guys are great help! I wish the best for both of you in your life! :)
 
Sure, GSR is a job. Most foreign grad students have some combination of GSR/TA funding and almost all of them are on F1.
 
thank you

Dear nscagony,

Thank you for your reply, finally I am relieved and ready to fill that paper and send it back to SISS, so they can send my I-20 which I can go to the embassy with. Thank you for your help, as well as Mmed's help! You guys are great, and very nice and helpful!

I wish you all the best in whatever you both want to pursue!

Please take care!
Zsofi
 
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