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J1 on official passport, F1 on regular passport

Discussion in 'J-1 Home Residency Requirement' started by darius5, May 16, 2016.

  1. darius5

    darius5 New Member

    I have a question related to J1 visa with 2 year home residency requirement (HRR) on official passports, which are the passports issued to people working for the government in my home country for the purpose of business-related travelling.

    My friend used her regular passport to come to the U.S. on J1 visa with HRR. After completing the program, she went back to her home country to fulfill her 2 year home residency requirement. During this time, she traveled back to the U.S. and to other countries for business several times using her official passport. After 2 years, she applied for an immigrant visa to come back to the U.S., and all of these travel days of hers were not excluded from her home physical presence. For other cases where former J1 holders travel on their regular passports, none of these travel days would be counted toward their 2 year home residency.

    That is why I asked the question about the difference in using official passports and regular passports for travelling on J1-visa.

    My government office issued an official decision to send me to the U.S. for higher education, so I first entered the U.S. using my official passport with a J-1 visa, subject to HRR.

    Right after completing the J1 program, I continued my studies at a higher level on an F-1 visa, using my regular passport. While on the F-1 visa, I married a U.S. citizen and had a baby. I am now still on my F1 visa.

    If I want to change status from F1 to Green Card (based on my marriage), or from F1 to H1B (based on employment, assuming that I get an offer after my graduation), will the HRR from my previous J1 on my official passport affect my application for status adjustment? If yes, how does the U.S. government know that I am subjected to this HRR if I have not used my official passport since the completion of my J1 program?


    Thank you for any of your insight in this.
     

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