Home Residency Requirement

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gcebphd

Registered Users (C)
Hi,

Does anyone know HRR is based on what?

- country of birth (india in my case)
- or Sponsoring company at US

If there is no HRR for J1, then is there any requirment of waiver to enter from J1 to H1 or Eb/GC?

Please advise - thanks
 
gcebphd said:
Hi,

Does anyone know HRR is based on what?

- country of birth (india in my case)
- or Sponsoring company at US

If there is no HRR for J1, then is there any requirment of waiver to enter from J1 to H1 or Eb/GC?

Please advise - thanks
Click to expand...

HRR is normally based on source of funding or skills list of your country. If the source of your funding is the government of either your country of permanent residence or the US government (one of its agencies), then you are subject to the HRR. If the profession you are engaged in happens to be listed on the State Department Skill List for your country of permanent residence (List of skills that are lacking in the home country), you are also subject to the HRR.

If you are not subject to the HRR, you do not need to apply for a waiver. If you are not sure, you can request an advisory opinion from the State Department.
 
Hi There,

Thanks much for your help and clarification.

Good, the J1 is from a for-profit company and with no ties of funding from US Govt or India Govt funding.

However, my question is:

Is J1 with NO HRR requirement in conflict with Green-Card/ I-485?

I understand that typical J1 is in conflict with immigration petition/Green-Card.

Reason, company wants to do J1 as H1 cant start before Oct 1, 2007 and my current F1-OPT expires on April 2007. But the issue is that i will be eventually added to my spouse I-485 AOS and unsure what would be impact of J1 with no HRR.

Looking forward to your thoughts on this.

thanks


jk0274 said:
HRR is normally based on source of funding or skills list of your country. If the source of your funding is the government of either your country of permanent residence or the US government (one of its agencies), then you are subject to the HRR. If the profession you are engaged in happens to be listed on the State Department Skill List for your country of permanent residence (List of skills that are lacking in the home country), you are also subject to the HRR.

If you are not subject to the HRR, you do not need to apply for a waiver. If you are not sure, you can request an advisory opinion from the State Department.
Click to expand...
 
If you are not subject you can go on to the GC no problems....but given that you are from India, I doubt you are not subject...Almost all skils are listed for countries like india. abviously you are not subject based on funds (or at least that's what you said).

So check your DS form and see what it says, check your VISA stamp, and or get an advisory opinion (surest way if you think you are not subejct).
You will be asked for it (subject or not!) at some point during the GC/H1B, etc... process.
The USCIS will not accept your word for it , nor (based on your paper) decide if you are subject or not, only the DOS can make such decision about whether you are subject or not.

So, before proceeding to any thing, make sure you are in the clear.









Thanks much for your help and clarification.

Good, the J1 is from a for-profit company and with no ties of funding from US Govt or India Govt funding.

However, my question is:

Is J1 with NO HRR requirement in conflict with Green-Card/ I-485?

I understand that typical J1 is in conflict with immigration petition/Green-Card.

Reason, company wants to do J1 as H1 cant start before Oct 1, 2007 and my current F1-OPT expires on April 2007. But the issue is that i will be eventually added to my spouse I-485 AOS and unsure what would be impact of J1 with no HRR.

Looking forward to your thoughts on this.

thanks[/QUOTE]
 
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