J-1 sponsorship

S

sannie7

Registered Users (C)
If my DS-2019 was issued by the International Office of a Government Agency - does that mean that the program was sponsored by the Government, even if the participant doesn't get financial support?
 
Paycheck

Look on your paychecks or bank account (in the case of direct deposit). What is organization on your paycheck or bank transaction mentioned? Is this your Government Agency?
 
Streamflow said:
Look on your paychecks or bank account (in the case of direct deposit). What is organization on your paycheck or bank transaction mentioned? Is this your Government Agency?
Click to expand...

No, I personally didn't receive money from the Government Agency - but there is an amount of funds stated on the DS-2019, even though I didn't receive that money.
Does providing computer, workspace etc. fall under "funding of the program"??
 
if DS-2019 says that the sponsor or J-1 person received funds from the government, then you got funding from the US govt.
 
sannie7 said:
Does providing computer, workspace etc. fall under "funding of the program"??
Click to expand...
It may be considered as indirect partial financial support: "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."
(http://travel.state.gov/visa/temp/types/types_1267.html).
 
I was wondering then why the consular officer checked the "NOT subject to two-year home requirement" box.
I mean, it even states a $ amount on my DS-2019.

There is another curious fact though.
The Department of State website lists the category "trainee" under Private Sector Programs"... but I got my J-1 trainee visa from a Government Agency. Doesn't really make sense, does it?
 
Yeah, I do have a "G" program number... well anyways, why did I get a "trainee" visa then?
It's all not very straight forward, if you ask me!
 
sannie7 said:
I was wondering then why the consular officer checked the "NOT subject to two-year home requirement" box.
Click to expand...
It may be a mistake. There are several levels of the ‘subject/not subject’ determination. First is a consular officer and he/she checks box in DS-2019/IAP-66 and makes a note on visa sticker. Second is the USCIS officer when you cross a US border and he/she makes a note on the back side of your I-94. Third (and the last!) is an ‘Advisory Opinion’ from the Department of State (DOS). I know a case when a J-1 holder had a checked box on IAP-66 form (‘subject’) but I-94 had a note ‘not subject’. His J-2 dependents were ‘subject’ based on their I-94. Obviously this is a mistake. He requested an ‘Advisory Opinion’ from DOS, and DOS decided he and his family is not 2Y HRR subject! I-94 note is more important than IAP-66 because it was later (second level). Currently he and his family got ‘Green cards’. Your case is nor a standard one. You certainly need an ‘Advisory Opinion’ from DOS. I believe you have a chance to get a ‘Not subject’ formulation from DOS. Read carefully a section ‘Advisory Opinion’ at DOS web site.
PS. I know nothing about ‘trainer’ category. I was a ‘Research Scholar’.
 
My I-94 doesn't have a note at all... neither "subject" nor "not subject"... what does that mean in this case?

I did file for an advisory opinion though.
 
:D

But for the advisory opinion... they don't look on the I-94, do they? I didn't have to make a copy of it. Just fill in some information about the I-94 number.
 
Advisory opinion

sannie7 said:
But for the advisory opinion... they don't look on the I-94, do they? I didn't have to make a copy of it. Just fill in some information about the I-94 number.
Click to expand...
In my case I sent everything for the advisory opinion: IAP-66, I-94, visa sticker copy, and even paychecks (they came form the University, not from NSF). Didn’t help. Subject. :-(
Actually yours DS-2019 (not subject) and I-94 (nothing) is a strong argument to get a ‘not subject’ advisory opinion. Did you send a DS-2019 copy?
 
Streamflow said:
In my case I sent everything for the advisory opinion: IAP-66, I-94, visa sticker copy, and even paychecks (they came form the University, not from NSF). Didn’t help. Subject. :-(
Actually yours DS-2019 (not subject) and I-94 (nothing) is a strong argument to get a ‘not subject’ advisory opinion. Did you send a DS-2019 copy?
Click to expand...

What is this visa sticker that you're talking about?
Yes, I did send a copy of my DS-2019.
The instructions didn't say to copy the I-94...
 
Visa sticker and a visa status

sannie7 said:
What is this visa sticker that you're talking about?
Click to expand...
Visa sticker is just a visa in your passport. There is a visa sticker (visa in the passport) and there is a visa status (governed by DS-2019 in your case). Usually this is not the same.
 
J-1 visa

sannie7 said:
Oh, I see... yes, I do have the visa sticker :)
but that doesn't say anything about the 2HYRR.
Click to expand...
It depends. I was at J-1 status during 3.5 years. I had only one (first) J-1 visa in my passport saying that "Bearer is subject to Section 212(e)" and after that several visas stating that "Bearer is not subject to Section 212(e)". But it is enough only one such visa to be the subject.
 
You must log in or register to reply here.
Top