Help!!! How to fulfill the 2 year residence requirement!

W

Wendy123

Registered Users (C)
Dear all,

Five years ago, I got a J-1 with the 2-year rule. I then went back to my home country and stayed for one year before I came back to the U.S. again under a F-1 visa.

I still have one year left to fulfill the two-year requirement. Right now I'm thinking about going back to my homeland for one year doing research and writing my dissertation. Will it count towards the 2 years required? And how about the short breaks I took in my home country while I am a F-1? Each of them was about one month long. Will that count?

I am really worried about this. I heard some people saying that the two years have to be continuous. If that's true, does it mean I have to live in my country for another full 2 years before I can come back and apply for a status transfer from F to H?

Thank you so much for answering my questions. And if there's any reliable online information website on the fulfillment of the 2-year residence requirement, could you let me know?

Wendy
 
2 years residency does not have to be continuous. The year in between your J1 and F1 counts, short trips on F1 count, only trips on your original J1 would not count. The burden of proof is on you - keep all the tickets, pasport stamps, anything else you could think of to prove your compliance with the 2yHRR.
 
Confused and Worried

Hi Nemu,

Thank you for your reply. The information I got from this forum is that the 2 years are accumulative and whatever time I spent in my home land (China) when I'm on F-1 status is counted towards it. However, when I consulted some Chinese immigration lawyers, I got conflicting answers. Some say that it has to be continuous and some say that it doesn't have to be. Some even say that I have to work during my stay in China to make it count towards the 2-year requirement. I am so confused...

Wendy
 
J1 2yr HRR is not clearly understood by many immogration laywers. You do not have the requirement to work, it migth be hlepful as a way of confirming that you were actually in your country but it's nore a requirement.

Here is what the law says

http://www.visalaw.com/IMG/212e.pdf

Note "physical presence" no mention about working.

You can always ask for a waiver as well, especially, since you have returned to your country for some period before coming back but I think your plan to work on your dissertation is a good one as well.
 
Thank you so much, Nemu. I've been really distressed these days. I already applied for a waiver of the 2-year rule based on no objection from my own government. However, because part of the funding was from the U.S. State Department, I was told that it is unlikely for me to get a waiver even though the program was only 4-week long.

My online case status shows that a request for sponsor view was sent three months ago but the Waiver Review Division hasn't heard from the sponsor yet. I no longer cherish any hope that I may get a waiver, and I'm preparing for the worst...
 
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