Can I get a J1 visa if I haven't fulfilled the 2YHRR?

E

econgrad

Registered Users (C)
I was a Fulbright-sponsored student in the US a few years ago and I'm now living in my home country (have done so for approx. one year since my US studies).

I have recently been offered a visiting research position at a US University, but I'm not sure what my options are.

Therefore,

1. Will the 2YHRR prevent me from applying for a new J-1 visa?
2. Or, will the 2YHRR just accumulate in the sense that if I go to the US as a visiting researcher on a J-1 visa, I may be faced with 2x2YHRR afterwards?
3. I applied for a J-1 visa waiver which is still pending. Can this pending waiver application somehow prevent me from getting another J-1 visa?

Thanks!
 
My understanading is that you cannot get another J-1 within the two years, but you can get other non-immegration visa like F-1.
The 2YHRR will accumulate day by day when you are in your home country.
After two years, you can get a new J-1 visa, but need another 2YHRR.
You can get a new J-1 visa after you get your previous one waived.
 
Thanks for the reply. Hopefully, I can get a F1 visa if my waiver application doesn't go through.
 
I read this on a website:

INA 212(e) makes certain J visa participants ineligible for an H, L, or Lawful Permanent Resident (LPR) status until they have returned to and been physically present in their last country of citizenship or permanent residence for a minimum of two years after completion of their J exchange programs. This means that a person in either J-1 or J-2 (dependent) status subject to 212(e) cannot reenter the U.S. in H, L, or immigrant ("green card") status until the two-year requirement has been fulfilled. Furthermore, these persons cannot change to another visa class while in the U.S., other than A or G, without first fulfilling this requirement. INA 212(e) does not affect eligibility for other visa classes such as a B tourist, an F student, or an O outstanding scholar. Nor does it prevent a person from entering again in J status. It only prohibits H, L, or LPR. For example, a person subject to 212(e) may leave the U.S. and return in F status to pursue a course of study. However, the F-1 remains subject to 212(e) and remains ineligible for an H, L, or LPR visa.

Moreover, I even spoke to an attorney specialising in J-1 matters, she told me that re-application for J-1 is possible without satisfying 2 year requirement.

@AmyYoung

"My understanading is that you cannot get another J-1 within the two years, but you can get other non-immegration visa like F-1"

Are you sure about this?
 
>I have recently been offered a visiting research position at a US University, but I'm not sure what my options are.

>1. Will the 2YHRR prevent me from applying for a new J-1 visa?

You should contact the visa officers of the J1 programs (the previous one and the one you are considering).
My lawyer told me that I can "swiitch" from one J1 program to another J1 program,
without leaving from US. But, you are out of J1 now. So, the situation is difefrent, I mean "not switching".

>2. Or, will the 2YHRR just accumulate in the sense that if I go to the US as a visiting researcher on a J-1 visa, I may be faced with 2x2YHRR afterwards?

No. The restriction will not be accumulated. But, you will have WHOLE 2YHRR from the second J1 visa.

>3. I applied for a J-1 visa waiver which is still pending. Can this pending waiver application somehow prevent me from getting another J-1 visa?

I applied for J1 waiver, then extended DS-2019.
My lawyer told me that I can extend DS-2019 because J1 program's visa officer who does DS-2019 has no access to the fact that I applied for J1-waiver, while I would not be able to get J1 visa sticker at US embassy in my home country because they can see my J1 waiver request (still pending) on their computer.
 
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