J1 questions

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curious56

Registered Users (C)
Hi wise folks, (edited for clarity)

I think I read 212 (e) several times, but I want to confirm that I will not be a subject of 2HRR.

Visa applying for: J1
Program: mathematics PhD in major university
Funds: department's TA, private fellowship (I haven't found any government funds)
Last residency: Russia (I haven't found it in skills list)
Former visas: F1 for last two years
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The way I understand the paragraph, since my funds don't come from the government and Russia is not on the skills list I will not be subject to the HRR requirement. So, is my reading of the law correct?

Also, is the OPT 18 or 36 months (I've heard both)? Is it true that J1 is sufficient for academic job (postdoc, professor)? Will I be able to work same 40 hours/week? Are there any special issues when changing J1 to immigrant visas? Is there any other difference with F1?

Thanks!
 
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curious56 said:
Hi wise folks,
So, is my reading of the law correct in that I am not subject to the requirement?
Click to expand...
Depends on whether you had a j-1 visa before. HRR doesn't magically go away, either you fulfill it, get a waiver, or you get a favorable State Department Advisory Opinion stating you never should have had it on your visa. Those are the 3 ways to remove it short of an act of Congress.

You haven't provided enough information. Regardless of what you think your skill is, it isn't what you decide that counts.
 
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So, I am fully on university money. The only catch I can imagine is that maybe somehow it turns out I am indirectly sponsored by US Government since government has some research contracts with the university and supports US studnets. Do you think that's possible?
 
I would say that there is still the risk for you to get subjected to 2-years home residency. It all depends on your situation. Actually I believe it's easier to waive the 2-years rule if you get founded by your home country. Then you just need the no objection from your home country embassy and most likley get the waiver. But now if you get subjected to 2-years rule then you have to deal with US government! Hopefully you won't get subjected to it at all.

Good luck!
 
Questions

#1, do you have a visa now?
#2, have you received a J-1 visa?
#3, if you have a J-1 visa, does it say "Bearer is subject to section 212(e)" or something to that effect?

Some people that receive a J-1 visa get the HRR by mistake. They can send a letter to the Department of state, wait one month and get an answer on whether they should have received it or not.

I don't think anyone on this board can tell you for sure what they will put on your visa. Especially since you didn't give us one bit of information on what you do, or what field your PHD is in. Many that shouldn't really be on the skills list for their country, get the Home residency requirement. Fighting it with the state department, asking for review doesn't always work. For example: You may be getting a degree in Basket Weaving, but they may decide that you are on the skills list as an Engineer. If you fight it and say, that's wrong, they may say.. oh yeah that's right, you aren't an engineering student, you are getting training in underwater photography.
 
#1, do you have a visa now?

I had F1 for two previous years (they are 1-year for Russia). Same program.
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#2, have you received a J-1 visa?

No, I will apply for it.
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#3, if you have a J-1 visa, does it say "Bearer is subject to section 212(e)" or something to that effect?

I will ensure that it doesn't say that and talk to the officer if necessary. However, their opinion is not final, so I wanted to ask you as well.
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Especially since you didn't give us one bit of information on what you do, or what field your PHD is in.

As I said, I'm a graduate student. The field is mathematics. How does that change picture?
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Many that shouldn't really be on the skills list for their country, get the Home residency requirement.

As I said, there's no skills list for Russia at all​
 
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