I have read many threads in this forum. I read one person write the following ...
Please keep in mind that if your husband ever visited Pakistan while he was in the US on a J-1 visa, those short visits can also be subtracted from the 2 years.
I was actually told this same thing from someone at the embassy from my wife's home country, only to call the embassy the next day and hear the opposite point of view. (I make it a habit when calling USCIS, NVC, an embassy etc...not to go by what one person says, because they are often found contradicting themselves)
I have read others on this forum agree with the second person I spoke to at the embassy. and say how the time while ON the j-1 does NOT count toward the 2 year HRR.
I have also read the rule on 212 (e) in the "Immigration and Nationality Act", and all it says is that the 2 years is not served until......
it is established that such person has resided and been physically present in
the country of his nationality or his last residence for an aggregate of at
least two years following departure from the United States
It does not seem to specify that "departure" can not be done while on the j-1.
So, why do people interpret that to mean the that time for serving the 2 year HRR counts only AFTER the j-1 program is done? I see nothing that does not indicate that the "departure" from the USA can not be on the j-1......it just says "departure". From that, it could be interpreted that the time does count toward the 2 years if someone "departed" from the USA for a few weeks/months etc while on their j-1, and then returned. Then maybe later, after they "departed" again on the j-1....that time counts as well.
So, I guess my question is,......Where does it say, either in the INA Act, or on the State Dept website, or anywhere of authority (a written document by this govt.) that the 2 years count only after the j-1 program has ended?
Because to me, this seems wide open to each individual's interpretation, and it could be interpreted either way, and appears open for debate.
Does anyone have a link to any govt. site or document that states it must be AFTER the j-1 program has ended? (Or are the people who say this....just wrong?)
Please keep in mind that if your husband ever visited Pakistan while he was in the US on a J-1 visa, those short visits can also be subtracted from the 2 years.
I was actually told this same thing from someone at the embassy from my wife's home country, only to call the embassy the next day and hear the opposite point of view. (I make it a habit when calling USCIS, NVC, an embassy etc...not to go by what one person says, because they are often found contradicting themselves)
I have read others on this forum agree with the second person I spoke to at the embassy. and say how the time while ON the j-1 does NOT count toward the 2 year HRR.
I have also read the rule on 212 (e) in the "Immigration and Nationality Act", and all it says is that the 2 years is not served until......
it is established that such person has resided and been physically present in
the country of his nationality or his last residence for an aggregate of at
least two years following departure from the United States
It does not seem to specify that "departure" can not be done while on the j-1.
So, why do people interpret that to mean the that time for serving the 2 year HRR counts only AFTER the j-1 program is done? I see nothing that does not indicate that the "departure" from the USA can not be on the j-1......it just says "departure". From that, it could be interpreted that the time does count toward the 2 years if someone "departed" from the USA for a few weeks/months etc while on their j-1, and then returned. Then maybe later, after they "departed" again on the j-1....that time counts as well.
So, I guess my question is,......Where does it say, either in the INA Act, or on the State Dept website, or anywhere of authority (a written document by this govt.) that the 2 years count only after the j-1 program has ended?
Because to me, this seems wide open to each individual's interpretation, and it could be interpreted either way, and appears open for debate.
Does anyone have a link to any govt. site or document that states it must be AFTER the j-1 program has ended? (Or are the people who say this....just wrong?)