Hi,
I had been in the US on J1 visa between 1994-1999. Then, switched to
F-1 from 1999-2005. Currently, I am on F-1 OPt and filing for H1-B.
I have 2-year HRR. However, I went back and forth between my home
country and the US while I was on F-1.
I heard that the time spent in home country does not have to be
continuous. As long as it adds upto 2 years cumulatively, that
should be ok. So, overall my staying at my home country adds up to 2
years.
I have following queries.
1. Are there any chances that the US embassy might not grant me the
H1-B visa under any circumstances, even though the INS approves the
change of status and I can prove that i spent cumulative 2-years at
home? Do you know any cases like this?
2.When and where do I submit the proof that I spent cumulative 2
years in my home country? During my H1-B application? or when I
apply to get H1-B stamp?
3.Do I need an advisory opinion form the US State department just to
strengthen my case that I fulfilled this requirement?
Please reply with your comments. thank you
-giesel
I had been in the US on J1 visa between 1994-1999. Then, switched to
F-1 from 1999-2005. Currently, I am on F-1 OPt and filing for H1-B.
I have 2-year HRR. However, I went back and forth between my home
country and the US while I was on F-1.
I heard that the time spent in home country does not have to be
continuous. As long as it adds upto 2 years cumulatively, that
should be ok. So, overall my staying at my home country adds up to 2
years.
I have following queries.
1. Are there any chances that the US embassy might not grant me the
H1-B visa under any circumstances, even though the INS approves the
change of status and I can prove that i spent cumulative 2-years at
home? Do you know any cases like this?
2.When and where do I submit the proof that I spent cumulative 2
years in my home country? During my H1-B application? or when I
apply to get H1-B stamp?
3.Do I need an advisory opinion form the US State department just to
strengthen my case that I fulfilled this requirement?
Please reply with your comments. thank you
-giesel