J-1 Visa - 2yr residency rule - Please help !!!

T

tsk

New Member
Hi,

I am an Indian citizen and Canadian permanent resident completed a Ph.D. (in Food Engg) in Canadian University. I got an offer for PostDoc research assistant in US University (in Medical Imaging) with J-1 Visa. But yet to apply for J-1.

1. Is there any way to get the waiver for 2yr residency rule at the time
of applying for J-1 (may be by writing to INS along with J-1 application) ?

2. After completing the postDoc research assistant with J-1, do I need to go back to India or Canada if I couldn\'t get the 2yr waiver ?

3. In the mean time, If I became a citizen of Canada, can I get a TN visa with out any problem of 2yr residency rule ?

Please help.
 
Re: TSK

Most likely your J1 does not involve any government funds and the Skills List is not applicable to you. If the university is sponsoring it, then you may not be subject to two years HRR. If that is the case, the consular officer will note it on the visa stamp in your passport. Alternatively, you could write to USIA, provide them with your IAP-66 information, and request an advisory opinion on whether the two year HRR applies.

However, if you are subject to two years HRR, you need to do one of the following:
1. Complete the HRR by staying outside of the US for the stipulated amount of time.
2. Request a waiver from the appropriate agency.

The two year HRR, when applicable, is independent of any subsequent changes in status. So, becoming a Canadian citizen will not help you get around it.
 
query regarding the GC eligibility

How are you doing. I am a Canadian citizen working as a research scholar in the US on a J1-visa. I would like to apply for green card in the US and I would like to know whether I could apply for the GC as I do not need to take part in 2years return residency requirement. Please clarify my query at your earliest possible convenience. Thank you for your time.

Cpei
 
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