What after the 2 year requirement ?

H

hassan731

Registered Users (C)
hi,
i would love to know, if one wants to come back to the States after finishing the 2 year home country residency, how should he proceed ?
and what are the chances of getting a work permit (or any otherVisa) after fulfilling that requirement ?

Thanks a lot in advance
 
Depending on what your situation is you can come back on H1 B or any other visa after 2 year HRR. I am a physician so was able to come back on H1B after 2 year HRR after getting sponsored by a university.
 
You always had/have a choice not to take J1 if it was/is coming with the 2 year requirement. The rationale for it depends on what kind of program/work your J1 was connected to. The skills list and government sponsorship are perfectly good reasons to require people to “bring the knowledge” back to their countries. Waiver process seems to be working quite well, at least for the majority of people and by being on J1 people make connections, network and hopefully get a better chance to get H1b as oppose to having no experience whatsoever. So I do not see the reason for being upset…
 
agree

i agree with nemo,
especially this isn't even our country of origin, i think we should even be thankful we have had a chance to prove our knowledge and skills through our J1 visa.
it may be a long process to obtain a waiver or other visas but i would rather be thankful than upset.
 
but the problem for me is that i cant get a waiver unless a government agency tells me to stay, and that's like soo tough.
i just got to the US, and my program is 100% financed by the US department of State ! that means it's kind of difficult to get a waiver.
so what am I supposed to do ? come back home and stay 2 years and then apply for an H1B ?
 
Were you not informed of the 2-year rule before you decided to come to the U.S. on a J-1 visa? J-1 is not an immigrant visa, so if you wanted to stay indefinitely then you should not have accepted the offer. It is as simple as that. I got here on a J-1 as a Fulbright Fellow and I was perfectly aware of the 2-year rule. I was able to get a waiver, but I certainly was prepared to return to my home country. J-1 is not a one-way ticket to the U.S. People succeed in getting waivers, which is great, but everyone should be prepared to return. You misunderstand the purpose of the J-1 visa program if you think otherwise.
 
frustration

Hassan,
I do understand your frustration. But at this point, if you really want to "succeed" just as what you stated in your sig., I would consult a really really good lawyer who specializes in J1 waivers, I think this law firm of Khanna can even help you.
I wish you all the best and luck and hopefully, you'll really be able to succeed.
 
thank you so much diaperchanger, and for running_swede; i am a 100% aware of the purpose of J1 visas, but the problem is that i couldnt say no to a 100 thousand Dollar gift and 2 years in a highly prestigious university, i'm on a fullbright scholarship as well! but the problem is that it will take longer for me to get a waiver! but i'll apply and consult a lawyer, any recommendations ?

thanks
 
Well, running_swede and I we both Fulbrighters and we both received our waivers. Read this thread and post you success story as well.

http://www.immigrationportal.com/showthread.php?t=191084

2 years at home is such a small price to pay for the experience you will be getting. My Fulbrigth grant was for $10,000 and I was funded for only 9 months. But having had Fulbright, I was able to find additional funding to get my PhD and this ended up being my ticket out of the 2 year HRR. Good luck!
 
i would love to know, if one wants to come back to the States after finishing the 2 year home country residency, how should he proceed ?
Click to expand...

Once you go home, make sure to create a little file named 'proof of me being back' in which you collect photocopies of evidence of the fact that you actually remained in your home country. In the US this would be things like utility bills, pay-stubs, tax records, credit card statements etc. Depending on the country you are from this can also be items like your registration with the civil authorities or rental records.

If you want to return after the 2 years, you will have to find a way (other than another J1) to obtain working papers here:

- As mentioned, an H1b visa would often be a good start. If you did research on your J1 and you are able to secure employment with a university, your h1b will be exempt from the dreaded 'cap'.
- Another option can be an O-1 visa, particularly if you have a strong research background.
- If you find employment with a multinational company, you can come back on a L1 visa.
- If you are canadian, you can get a TN visa.
- If you find an employer who is really interested in you, you could return on an immigrant visa. The employer would have to get a 'labor certification' for you (3 months) and an approved immigrant petition (6-9 months). After that, you have to go through a prescribed process at the local consulate which usually takes another 6 months or so. So this option is only going to work if you get it started before you even leave for your 2 year home stint and only works if an employer wants you for who you are more than for a particular skill-set.
- If you have a strong research background, you could try to file for one of the 'extraordinary ability' or 'national interest waiver' category green-cards. If you self-file, the cost is minimal. Within the 2 years you are going to know whether they approved it.
- Another visa which allows you to return is a F-1 student visa. This can be a good temporary fix if you haven't found a job to sponsor a H1b or O1 visa yet. After you enter, you have to wait for a month or two before you can go on interviews. If you find a job which can sponsor a work visa, you an file for a change in status (or adjustment of status in the case of a green-card).
 
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thanks a lot people, but i havent told you this:
i won the green card lottery when i was just getting ready to come here, that was 3 weeks before coming and i had the visa stamped and everything, i didnt know what to do with that letter; i was in a big Dilemma (i still am) !
now i'm in the US, what should I do with it, apply to the USCIS ?? or .....
 
You mean you entered the US on a J1 AFTER receiving the letter informing you that you received a lottery GC ?
 
As far as I know, one cannot avail a GC lottery win until one fulfills the J1 home rule requirement or gets a waiver. If you can somehow get that before the lottery time frame is up, well and good, otherwise, that's the end of this lottery win.
 
> what could I do ?

Cancel the flight.

Looks like you blew your chance for an easy green-card.
 
u know; i think i havent blown any chances yet, because the deadline to appky is the 1st day of august, i will apply and wait for my GC to come my way!

i believe that all that stuff will be bad History!
 
During the adjudication of any immigrant visa application OR adjustment of status, USCIS or the consulate check whether you have a home residency requirement based on a J1 visa. If you have such a requirement, you need to provide proof that you where given a waiver of the home residency requirement, otherwise your application gets denied.

Now, the lottery visas require you to become a permanent resident within one year after you win. Even under the best of circumstances, this can cut it close (some consulates are very slow with immigrant visa interviews). Even if you return home today and start the process for a 'no objection waiver', it will take a couple of months to get that done. I am afraid, you won't be able to make use of that free green-card.
 
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