Change in residency requirements after change in citizenship

R

rudasi

New Member
Hello,

During May of 2011 I went to US for an internship on a J1 visa. I was a student then in Canada on an Indian passport. The two year residency requirement was added to my visa. I came back to Canada after 4 months and then went back to the US on another J1 for an internship the following year. At the end of 2013 I got my Canadian citizenship. I was wondering if the two year residency still applies to me and if it does would I have already completed the 2 years (do they have to be completed in Canada or India, I was a resident in Canada at the time)? Also if I have completed the requirements is there any document I need to get saying I have or is it already in there system?

Thank you,
Rahul
 
The 'home' residency pertains to your original country of residency when you received the J-1 visa - which is India not Canada. Having said that the 2 year rule only comes into effect when/if you need an immigrant visa from the US. Canadian citizens can sometimes visit (maybe even work? you have to look into that) WITHOUT a visa. So in those circumstances the 2 year rule would not apply since you aren't applying for an immigrant visa. If you plan to apply for an immigrant visa, your 2year rule would still apply. Are you sure the 2 year rule applies to you? Does it say it on your J-1 visa? You can get a FREE advisory opinion from the US gov. if you aren't 100% sure. Also some 2 year rules can be waived. Look into the waiver options. Hope this helps. I know a lot about this, so feel free to ask more.
 
Thank you for your reply. When I received the 2 year residency requirement I was holding a Canadian PR card and resided in Canada. I had Indian citizenship though so I think it applies to Canada, not India. Could you please let me know where I can get the information regarding finding out if the 2 year residency applies to me?

Thank you.
 
rudasi said:
Thank you for your reply. When I received the 2 year residency requirement I was holding a Canadian PR card and resided in Canada. I had Indian citizenship though so I think it applies to Canada, not India. Could you please let me know where I can get the information regarding finding out if the 2 year residency applies to me?

Thank you.
Click to expand...

Hello, sorry I saw this late. You can get what is called an 'advisory opinion' directly from USCIS for free. Here is the USCIS link:
http://travel.state.gov/content/visas/english/general/advisory-opinions.html

Your situation seems complicated so I am not sure if it would be India or Canada. good luck! Update us.
 
Will be really helpful if any of you can answer this: My wife has approved I-130 for me and I am getting close to finish my 2 years rule by staying in home country now. Now, DO I have to wait for the 2 years to be over to even apply/file the DS 230/DS 260 ? or, As it takes at least 2 months for the Visa Interview date upon filing DS 260; can I file DS 260 and other documents (applying I mean) 2 months ahead of my 2 year? Please answer if you can, or suggest me to someone who might be able to answer this.
 
Hi. I am in a somewhat similar situation.
1. Place of Birth: India
2. Citizen: Canada (2005)
3. HRR: Canada
4. I am a Physician. Did IM on J visa (2008-2011). Statement of Need issued by Canada. Then went to India to work for 2 years, so did not complete 2 year HRR, as I should have gone back to Canada.
5. Came to USA after 2 years for fellowship, again on J visa. Statement of need again issued by Canada. Although I was temporarily residing in India, option to get statement of need was from either the country of residence or the country of citizenship, as per ECFMG. ECFMG issued a 2nd J visa.
Question:
1. Do I have to do 2 waivers or 1. I believe USCIS website says 1 waiver.
2. Can I work in USA on H visa without a waiver, and do my HRR back in Canada after a few years of working in the US. Alternatively, do my waiver job in the U.S (apply for waiver) after working on a H visa for a couple of years.
3. Little confused cause it seems as a Canadian citizen I can work on H visa but not if I don't have immigrant intent, hence cannot apply for green card till I do my HRR or waiver job. I understand that H visa may show immigrant intent, my recruiter told me that it may be possible to start work on H visa in July and then apply for waiver in October. This is obviously if my employer is in a designated under served area in the first place.

Would greatly appreciate your help in clarifying my doubts.

Thanks
 
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