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J1 - two year rule does apply. How to get a new visa?

Discussion in 'General J Visa and Related Issues' started by Pulla, Aug 8, 2006.

  1. Pulla

    Pulla Registered Users (C)


    I have been to USA twice, first 2003-2004 as an exchange student with J-1, second time year 2005 for six months with J-1 as I was doing my thesis. It says on this latter J-1 visa that "two year rule does apply". It expired 31/12/2005.

    Now the same company I worked for year 2005 wants me back to work for them. This time permanently or several years, which ever is possible. They also want me there as soon as possible. I called to US Embassy here in Finland and officer there told me that even though the two year rule did apply, it is possible to get a visa or some other work permit to US before that time has gone.

    Could you please help me what to do, how to proceed and get this thing started. I visited www.travel.state.gov (this is where the officer told me to go to) but I could not find anthing reasonable. He also told me that I have to fill some form from that website and apply a special permission from US to overcome that two year rule.

    I am kind of lost with this issue at the moment so any help would help significantly!

    - Joni

    EDIT: Hmm... is this the right place to visit? http://travel.state.gov/visa/temp/info/info_1296.html
    Last edited by a moderator: Aug 8, 2006
  2. pumukliboy

    pumukliboy New Member

    That's it! you have to file the petition for the waiver to Dept. of State as it says on their website. Make sure you read everything and do it as it says. It's not that hard to make mistakes...In your case it has to be based on "No Objection". After you fill out the online form, the system reserves you a case number, and with this case number your Embassy can send the DOS a No Objection letter...The process shouldn't take more than 2-3 months the most.
  3. Pulla

    Pulla Registered Users (C)

    Thanks a lot with the first couple steps!
    You mentioned "your Embassy", do you mean US Embassy in Finland or something else? See, as I called them the officer didn't sound so helpful and told me that they do not handle these issues at all.

    Anyway, I will read those instructions more carefully tonight and try to file the petition in the next few days.

    - Joni
  4. pumukliboy

    pumukliboy New Member

    you can get it from your home country, but it's much quicker and easier if you get the no objection letter from the Finish Embassy in the US (Washington DC)
    They should have this option listed on their own website, or if you can't find it just call them and them about the no objection statements for 212(e). They will know what you are talking about. Their number in DC is 202-298 5800
    Good luck
  5. Pulla

    Pulla Registered Users (C)

    Ok, now it is time to fill the forms and apply for a new visa. Couple questions came up though while I was surfing on these websites.

    1. I graduated from university 3 months ago and now a company in US wants me to work for them. Is J1 the correct type of visa that I should apply for in this case? When I was student it was but I'm not sure now that I have graduated.

    2. I am engaged (not married yet) with my girlfriend. What type of visa should her apply for assuming that she will stay there for the same time as I? I guess she is not considered as my spouse as we are not married.


    - Joni
    Last edited by a moderator: Sep 19, 2006
  6. Pulla

    Pulla Registered Users (C)

    Ok, I just got informed by US Embassy that J1 visa is not the correct one since I am not a student anymore. They told that I have to apply for H1b.

    If I apply for "Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)" mentioned in the first post, am I able to apply for H1b type of visa or just some other type of J-visa?
  7. thevisaexpert

    thevisaexpert Registered Users (C)

    H-1B is the correct visa for you, assuming you have a bachelor's degree or the equivalent. However you cannot apply for the H-1B until you have received a waiver of the 2-year home residency requirement. Were you able to contact the Finish Embassy in D.C. to get the No-Objection Letter?
  8. Pulla

    Pulla Registered Users (C)

    Ok, I just tried to fill the online form on the DoS website. I got to the point where J-1 information is required, "Please enter xxxx xxxxxx xxxxxxx xxxxxxxx's first J-1 visa information".

    Open fields are:

    - Date
    - Port of Entry
    - State of Entry
    - Control number
    - Issuing post

    I populated the fields but when I clicked next, it gave an error message: "Control Number can not be validated for Current Visa".

    What does this mean? This visa expired 12/31/2005.

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