J-1 residency waiver if stay in India 12 months remaining 10 months remaing

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rajkumarjain10

Registered Users (C)
I am not sure whether this is the right panel to discuss, my son was on summer internship in 2005 to US on J-1 visa, he got $4500 for his expenses but he stamped 2 year residency requirement on US visa, he traveled to US after 3 rd year of B.Tech programme so he stayed here for 1 year say 12 months to complete his final year and then he got admission in Canada and after 2 months he fly to Canada so total stay in India is 14 months , now he apply for ajob in US and he got H-1 visa so he can travel to US after 1 st october provided he got the waiver, he want to be sure as follow:
1. Whether he should come to India because his MS programme is due to be completed by the end of 5/2008.
2. And from India apply to waiver, if yes to whom apply for attestation of 4 sets to be sent to Indian Embassy in DC wasignton, as sujjested in various forms.
3. In India which is the authority which forward to US state department the papers for waiver.
4.Or stay in Canada and apply from there and wait for the waiver.

Please advice me or sujjest some lawyer who can help us and do the needful.
 
This may not completely answer all your questions but I give you same facts:
1- He can apply for waiver from canada, US , India or any other place Or
2- to accumulate 2 year physical residence in his home country (India) after he finish his J status (any vist to US, canada and supposly any other country should be added to the 2 year)
3- The embassy suppose not to issue the H unless he fulfil one of te above criteria.
 
Dear mmed
thanks and please clarrify that at point (2) u says that after expiry of J-1 status the visits to US and Canada or other third country will be added to 2 years it means that after J-1 status expires my son stays in India for 14 months aftewr that he stays in Canada for studies for 16 months so this 16 months will be added to 2 years so do not need to stay at India now, please clarrify.
thanks again for the concern
 
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rajkumarjain10 said:
Dear mmed
thanks and please clarrify that at point (2) u says that after expiry of J-1 status the visits to US and Canada or other third country will be added to 2 years it means that after J-1 status expires my son stays in India for 14 months aftewr that he stays in Canada for studies for 16 months so this 16 months will be added to 2 years so do not need to stay at India now, please clarrify.
thanks again for the concern
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Sorry for the confusion. I mean he should stay 2 years in India (home country) after he finish his J program and left the US. If he traveled to canada after 14 months in India, then he has 10 more months to stay in India because he did not complete the 2 years in India. The embassy suppose not to issue the H unless he prove that he stayed in India for 24 months. Any stay in other country for visit, work, study........etc is not countable.
 
Dear mmed
please give me ur clear view about to which embassy should I apply i.e my son will come to India by the end of June so please let me know where he should apply. That he should apply to Wasignton DC embassy or newyork embassy or any other ofice in India, please clarrify
 
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