J-1/5years extension/2 years hr

P

pandapanda

Registered Users (C)
--------------------------------------------------------------------------------

Hi I want to apply for the 5 years extension. I do not have now the 2 years HR. If I do apply, I will have the 2 years HR then?
 
if it is the same program and it will have the same conditions (not medical, no govt sponsorship, no skills list), then it shouldn't have HRR.
 
Thank you for your answer.
Actually nothing change at all, but my administrative office, keeps saying that if I apply for the 5 year exptension, then I will be subject to the 2 years HR....
do you know where I can find something that I can show to them?
 
Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.
Click to expand...


If none of the above applies to your program, then you will not be a subject, whether you are extending it for 1, 3, or 5 years.
 
pandapanda said:
Thank you for your answer.
Actually nothing change at all, but my administrative office, keeps saying that if I apply for the 5 year exptension, then I will be subject to the 2 years HR....
do you know where I can find something that I can show to them?
Click to expand...

The Extension by itself will not make you subject or not. If you keep the same conitions, you are still not subject.
 
After you extend your J, you can apply for advisory opinion with the DOS, Usually it takes few days and they will send you 212e letter with either subject or not subject.
 
pandapanda said:
why after the extension and not before?
Click to expand...

Because if you apply for waiver or advisory opinion and you got a decision for example favorable recommendation or not subject to the 2 Yr HRR, this decision is based on your J condition at that time. If you extend, transfer, change J category ....etc you will be in different conditions which invalidate previous DOS decision. I give you an example; suppose you have a J research and you got advisory opinion that you are not subject or even you got waiver based on no objection. If you change your J to J medical, the no objection will not work now, because the J medical is not allowed to be waived in the no objection class and so on. Even if you extend your J in the same program with the same place after the decision of waiver, how the DOS know that the fund is still the same for that extension?? As you know certain fund will not allow you to be waived.

The second thing is; if you just apply for waiver and the case is still pending or even you withdraw your application, this application indicates that you have an intent to migrate. This intension is against the idea by which J visa issued (to acquire certain knowledge and return back to benefit your home country). Since you have this intenson your chance to get another J or extend your current one is minimal.
 
You must log in or register to reply here.
Top