J1 Visa - Two Year Rule Does not apply

C

chalukya

New Member
Hi,
I am Chalukya and i am presently in USA. I came to USA in Feb 2002 on a J1 Visa, the stamp of the J1 Visa on my passport says "Bearer is not subject to two year rule. Two year rule does not apply". And also the IAP-66 Forms dont mention anything except the officer signature.

Now recently i resigned from the J1 Sponsoring company and another company filed an H1B for me. The H1B petition was approved but change of status was denied. The INS says i was out of status as i resigned the job or something and i need to go to India and get stamping done and then come back and then only i will be allowed to join the Company.

Now i am confused in this situation. My request question is "Am i subjected to the two year rule", "do i need to get the waiver","will i be denied H1B visa if i come to stamping in chennai due to out of status remark". Please help me.

Thank you
 
It appears you are not subject to two-year foreign residency requirement. And it was not a reason for denial of change of status. You did not provide enough info on how you fell out of status: what was the purpose of your stay, what was the date on IAP-66. However, if you really fell out of status you can not change status in US. Unless you prove that you were in status, you will have to get your visa outside US.
 
How come you are exempt from the "Two year Rule" ? Did you apply for the same - What are the requirements / qualifications for the exemption ?
 
Two year does not apply to everyone. I am on J1 and I am not subject to it. I DID NOT TAKE ANY WAIVER. In my opinion unless you are working on a particular list of jobs it is random whether or not you get this. I am a mathematical physicist. Some of my astronomer friends got 2 year rule.

It is random and depends on what you say in your interview for visa.
 
So to confirm - if you are not subject to the two year rule, and apply for immigrant status, there is no need to get a waiver??
 
So to confirm - if you are not subject to the two year rule, and apply for immigrant status, there is no need to get a waiver??
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Well When i initially came to the US i have been given TWO YEAR RULE DOES APPLY, But recently when i get my visa stamped in Mexico i got "two year rule does not apply" even for my spouse (she got stamped in chennai). so my question whether i'm subjected for it and do i need to get waivers?
thanks dudess
 
Better ask Advisory Opinion from DOS , but be aware that it might take up to 4 months to get response from them , Just send the necessary documents and see what they will say ? mean while you can look for other resources as well , if you are in doubt , start the waiver process
 
Thanks for the suggestion.. I applied waivers and also advisory opinion... But now i stand very distant to be able to apply green card by august 17th. Can i just apply green card while waivers in process, or should i have waivers in hand before applying greencard..
thanks
 
mahirtz said:
Well When i initially came to the US i have been given TWO YEAR RULE DOES APPLY, But recently when i get my visa stamped in Mexico i got "two year rule does not apply" even for my spouse (she got stamped in chennai). so my question whether i'm subjected for it and do i need to get waivers?
thanks dudess
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what VISA did you get stamped in Mexico? Mahirtz?

I am in a problem now. I got J1 visa for 1 yaer - Resaerch schoalr-- however the consulate offcier said the 2 year rule applies. What shall i do now? I am planning to apply for residency next year
 
@ mahirtz

get DOS opinion immediately and start waiver procedure side by side.IF DOS says not required, u can stop teh waiver procedure...if it says required, try to hurry up the process by getting NOCs as soon as possible from ur home country govt and apply for the waiver.
 
You want to get married soon just so that you do not have to go back to your home country, which I am guessing is Pakistan?

sadia anjum said:
can i get married with green card holder boy or i can only get married with citizen bcoz i dont want to go back from here and want to get married as soon as possible
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