sambarvadai
New Member
Hi
I am an Indian student living in Europe. I was earlier a student at singapore. I had been to the US for a period of 6 months on a J1 visa when i was in singapore. i returned in 1999 after the completion of the exchange programme. Since mid 2000 I have moved to Europe and have been here since then (for the past 3 years).
Can I use this residency of nearly 4 years outside the US as a form of waiver for the two year home residency rule that applies to J1 visas? Im curious because the rule states the following:
"Home-country physical presence requirement means the requirement that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act substantially quoted in Sec. 62.44) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee."
Or should I have spent necessarily two years in India or in singapore to get a waiver. Any help would be appreciated.
Thanks in advance
best regards
s
I am an Indian student living in Europe. I was earlier a student at singapore. I had been to the US for a period of 6 months on a J1 visa when i was in singapore. i returned in 1999 after the completion of the exchange programme. Since mid 2000 I have moved to Europe and have been here since then (for the past 3 years).
Can I use this residency of nearly 4 years outside the US as a form of waiver for the two year home residency rule that applies to J1 visas? Im curious because the rule states the following:
"Home-country physical presence requirement means the requirement that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act substantially quoted in Sec. 62.44) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee."
Or should I have spent necessarily two years in India or in singapore to get a waiver. Any help would be appreciated.
Thanks in advance
best regards
s
