Filing for O1 while in the US - J1 status subject to 212 (e)

D

DrA

New Member
I am currently on J1 status and subject to 212 (e) (the two-year residency requirement). My employer has recently filed an O1 petition on my behalf. I understand that, because of 212 (e) I need to apply for O1 visa abroad and cannot change status in the US. Does that mean that I need to file the petition while abroad too? Or can I file while here and, once my petition is approved, go home and apply for a visa there?

Also, since my employer has already filed the petition with me in the US, will it get rejected if I needed to file from home?

Thanks
 
As a J-1 holder, you can change to O-1 visa, but you have to apply for an O-1 visa from a U.S. Consulate abroad, because you may not change to a non-immigrant status in the U.S. before you satisfy the two years home country residence requirement or obtain a waiver to the requirement.

Your employer needs to file an O-1 petition to the USCIS. Once the O-1 petition is approved, you need to apply for O-1 visa at a U.S. consulate abroad. After you obtain an O-1 visa, you can enter the U.S. without fulfilling the two-year residency requirement or getting a waiver of the requirement. See http://www.greencardapply.com/question/question04/question04_1123.htm
 
You need to either obtain waiver to over come 2 year home residency or else you must stay in native country for 2 year in order to get back to US on any visa.
 
Result?

DrA said:
I am currently on J1 status and subject to 212 (e) (the two-year residency requirement). My employer has recently filed an O1 petition on my behalf. I understand that, because of 212 (e) I need to apply for O1 visa abroad and cannot change status in the US. Does that mean that I need to file the petition while abroad too? Or can I file while here and, once my petition is approved, go home and apply for a visa there?

Also, since my employer has already filed the petition with me in the US, will it get rejected if I needed to file from home?

Thanks
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Hi DrA,

How did it work out? I am currently on J1 status, also subject to the 212(e) rule and am applying for O1 visa status. I was wondering if you could let me know if you were able to apply for the O1, if it was approved and whether you encountered any problems traveling back to a US consulate with the Home Residency Requirement? - Was the visa approved and were you able to get back into the United States?

Thanks.
 
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