Am I subject to 2 year HRR?

R

raysaikat

Registered Users (C)
Hi,

I have accepted a postdoc offer from UPenn. My position will be sponsored by a company. Currently I am on F-1 OPT, which ends in May 2006. It seems that Univ. will issue me a J-1 VISA. My question is how do I determine whether I will be subject to the 2 year home residency requirement? Also if I an on J-1 VISA, then I cannot apply for a Green Card, right?

Regards,
 
You have to be sure before accepting the J1 that you do not have two years home residency requirement.
If you get a J1 visa and have two y.home residency, you can not apply to the green card.

Try to get h1 visa. This will be much better.
 
raysaikat said:
Hi,

I have accepted a postdoc offer from UPenn. My position will be sponsored by a company. Currently I am on F-1 OPT, which ends in May 2006. It seems that Univ. will issue me a J-1 VISA. My question is how do I determine whether I will be subject to the 2 year home residency requirement? Also if I an on J-1 VISA, then I cannot apply for a Green Card, right?

Regards,
Click to expand...

It depends on your field/area of research. If that is in the skill list, then you would be subjected to 2 year rule. J1 visa looks very attractive initially but it has lot of disadvantages later in case you are subjected to 2 year rule. Ofcourse there are ways like you can ask for advisory opinion or get NORI based waiver ( if subjected to 2 year rule). These things are time consuming and sometimes frustrating. So if I were you, I would seriously try to get H1.
Good luck!
 
My field

Hi All,

Thanks for your replies. These are very helpful. My field is computer networks. Although it is not precisely listed, I am assuming that group 3 ("All fields in Computer Science and Related Professions") subsumes that in addition to "Communication Engineering" and "Computer engineering and Technologies", as listed by the Indian government in the skill-set. Is this a valid assumption?

Regards,
 
raysaikat said:
Hi All,

Thanks for your replies. These are very helpful. My field is computer networks. Although it is not precisely listed, I am assuming that group 3 ("All fields in Computer Science and Related Professions") subsumes that in addition to "Communication Engineering" and "Computer engineering and Technologies", as listed by the Indian government in the skill-set. Is this a valid assumption?

Regards,
Click to expand...
I think you are right. Both group 3 and 4F (Comp Eng and Technology) are in India skill list.
Good luck!
 
J1 waiver

Toxsci said:
It depends on your field/area of research. If that is in the skill list, then you would be subjected to 2 year rule. J1 visa looks very attractive initially but it has lot of disadvantages later in case you are subjected to 2 year rule. Ofcourse there are ways like you can ask for advisory opinion or get NORI based waiver ( if subjected to 2 year rule). These things are time consuming and sometimes frustrating. So if I were you, I would seriously try to get H1.
Good luck!
Click to expand...

Hi:

If my RESEARCH AREA does NOT fall in the US federal register's list (though my country falls) then would I get the waiver from J1 visa ?

Thanks in advance ..
 
amitumi said:
Hi:

If my RESEARCH AREA does NOT fall in the US federal register's list (though my country falls) then would I get the waiver from J1 visa ?

Thanks in advance ..
Click to expand...
If the area is not in your country's skill list, then you are not subjected to the rule (provided there are no govt funds involved). In that case, even if you are subjected to rule, you will likely get a favorable advisory opinion from the justice department.
Good luck!
 
J1 waiver

Thanks for your reply. Well, I'm not sure about the funding source. What will happen if the funding body is either NIH or NSF ? Do you consider they are govt. funders ? And I didn't get you quite well what you mean by .. "In that case, even if you are subjected to rule, you will likely get a favorable advisory opinion from the justice department."

I'm a bit nervous hearing justice department. Would I have to go to court for this ? Also what do you mean by "favorable advisory opinion" and from whom it will come.

I'm sorry to ask you too many questions but will be obliged if you could give your detailed overview.

Thanks very much.
 
amitumi said:
Thanks for your reply. Well, I'm not sure about the funding source. What will happen if the funding body is either NIH or NSF ? Do you consider they are govt. funders ? And I didn't get you quite well what you mean by .. "In that case, even if you are subjected to rule, you will likely get a favorable advisory opinion from the justice department."
NIH or NSF grants are alright.

I'm a bit nervous hearing justice department. Would I have to go to court for this ? Also what do you mean by "favorable advisory opinion" and from whom it will come.
Sometimes, consul will subject you to 2 year rule while issuing visa (and you will know it only after getting visa). In that case, you can write to the waiver review division of the justice department stating that your area of research is not in your home country's skill list and ask for an advisory opinion. In most such cases, justice department will issue a statement that you are not subjected to the rule. You can use that letter to change your status. (you do not need to go to court)
I'm sorry to ask you too many questions but will be obliged if you could give your detailed overview.

Thanks very much.
Click to expand...
Hope it helps.
 
help

If I've been in US with J1 visa can I change it to H1B after arranging suitable and required employment offer from another employer ?
 
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