have i fulfilled 2 year homestay restriction?

H

hapril

New Member
Hi,

I'm a chinese student who have gotten a J1 visa three years ago. I obtained the visa in Singapore where I had been studying for three years. However, I was still a Chinese nationale and permant resident of China at the time of visa application. I have come back to Singapore since I left U.S. two and a half years ago and have stayed in Singapore ever since. I have also obtained permanent residence in Singapore. Although my permant residence was China at the time of J1 application, on the J1 visa stamp on my passport, it states that, "Two year rule does apply: China/Singapore". I wonder, since I have stayed in Singapore at that time and my visa was issued in singapore, am I considered to have fulfilled the 2 year homestay restriction? Or do I have to go back to China to fulfill it? Thanks!
 
This is rather tricky..you said your VISA stated "Subject......China/Singapore" I never heard of such phrasing before.

However the rules state that you should serve the 2-years in your country of origin (China in this case). However it would also seem to me that your staying in Singapore to serve the 2yrs should be enough because that's what your VISA stated.


However I must ask you this...Do you have something lined up in the US (H1 may be), if so then ask whoever is sponsoring your new status to the US about it.

I would think you're fine.


hapril said:
Hi,

I'm a chinese student who have gotten a J1 visa three years ago. I obtained the visa in Singapore where I had been studying for three years. However, I was still a Chinese nationale and permant resident of China at the time of visa application. I have come back to Singapore since I left U.S. two and a half years ago and have stayed in Singapore ever since. I have also obtained permanent residence in Singapore. Although my permant residence was China at the time of J1 application, on the J1 visa stamp on my passport, it states that, "Two year rule does apply: China/Singapore". I wonder, since I have stayed in Singapore at that time and my visa was issued in singapore, am I considered to have fulfilled the 2 year homestay restriction? Or do I have to go back to China to fulfill it? Thanks!
Click to expand...
 
Hereis more info regarding your case from a lawyer site,

http://www.hooyou.com/j-1/j1_limitation.html

Search for China and start reading where it said:
For example:
Sean is a citizen of China who received his J-1 visa while he was residing in China. After his J-1 status expired, he was required to return to China to complete his two-year foreign residency requirement.....
 
Thank you

Thank you for your help. I'm also confused about what's said on the visa and the IAP66 form. I don't have any H1B lined up yet; however, I've heard that the waiver application takes a long time, so I wish to start as early as possible, if I have to get the waiver. I'll check out the website that you suggested. Thanks.
 
Forget the visa! You need to look at "Legal Permanent Residence Country" on your IAP-66 or DS-2019 form. That (and not the country of citizenship as listed) is the country that you need to return to in order to fulfill your HRR. HRR fulfillment is always according to what is listed on your IAP/DS2019 forms.
 
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