J2 to J1, with 212(e) is that possible?!

Bakido

Registered Users (C)
Situation:
J-2 for 2 years with 212(e), expires in May 2011.

Question 1:
May I change to J-1 before May 2011, by going to my home country and applying for J-1 sponsored by a university?

Question 2:
If the new J-1 doesn't have 212(e), do I have to fulfill the previous 212(e) from the previous J-2?


Thanks
 
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INA 212(e) kicks in when you try to change to a visa type outside of the J categories only. At the time in the future when you attempt to change to something else, then is when you have to be concerned, in most changes 212(e) is a concern, in a few odball situations it does not become an issue. A waiver would be required if 212(e) applied at any point in the past. You either fulfill the requirement or get it waived, as applicable.
 
So, if I understand correctly, the answer to Question 1 is YES, and to Question 2 is also YES?

What keeps people from renewing unlimited number their J-1 Visas is the 5 years maximum limitation, right?
 
So, if I understand correctly, the answer to Question 1 is YES, and to Question 2 is also YES?

What keeps people from renewing unlimited number their J-1 Visas is the 5 years maximum limitation, right?

INA 101(a)(15)(J) makes reference INA 212(e) which makes reference to INA 212(j) which makes further reference to INA 212(l).

A maximum period of j nonimmigrant admission is mentioned in regard to medical graduate students and researchers pursuing training or research in a specialty but even they may be granted dicretionary extensions. Where did you find this "5 year max"?

Elsewhere in those statutes in wording to the effect that appropriate timeframes for completion of the purpose of the program for which the visa is being requested are predetermined by sponsoring agencies.
 
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Does this apply to you via your spouse?

Am I Subject to the 24-Month Bar?

Any J exchange visitor in the Research Scholar or Professor categories (and their J-2 dependents) whose J-1 program ends on or after November 18, 2006 is subject to the 24 month bar. The J-1 program end date can be found in section 3 of your DS-2019. The J-1 category can be found in section 4.

J exchange visitors in the Short-Term Scholar, Specialist or Student categories are not subject to the 24 month bar. The J category can be found in section 4 of your DS-2019.

Your Future Options

If you are subject to the 24 month bar, you will not be able return to the U.S. as a J-1 scholar in the Research Scholar or Professor categories for a two year period. However, you may be able to return in a different J-1 category or with a different type of visa. You may also consider extending your current J-1 status for a longer period, if possible. It is important that you consult with the international scholars office at Berkeley or other institutions if you have plans to return to the U.S. in the future for research or teaching.


Was your spouse a Professor or Researcher who completed a 5 year period and you will now be a Professor or Researcher also seeking a 5 year period of admission?
 
Situation:
I am J-2 (J-1 is category: Professor) for 2 years with 212(e), that expires in May 2011.

The problem is that changing to from J-2 (category: Research Scholar or Professor) to J-1 (Research Scholar or Professor) is consider as a NEW J Visa. And is not consider an extension or transfer. So, is not possible to change before 24 month bar period.

A transfer is not possible due to 212(e) limitation.
 
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