J1 to H1 while subjected to 2 yr rule

Ddev

New Member
Guys, can someone please help! I have been trying to find answers for so long regarding this confusing process. Please someone kindly help.

3 years ago back in 2017 I went to the US to pursue 3-year internal medicine residency training on a J1 visa which is subjected to 2-year home country rule. However, due to family circumstances I had to resign in first year and came back to India on July 30, 2018. I am about to finish my mandatory 2 year stay in India and hoping to get H1 soon. The concerns I have are:

1) Do I have to send any documentation/letters to Indian government and obtain no objection or any documentation from indian govt or can I just apply for H1 and get visa approval without any problems. Can someone please also explain what are all the additional documentation we need to present to the visa officer during the H1 interview.

2) I have read few posts that people mentioning about changing status within the US without fulfilling the 2 year rule. Is this a possibility? Could we travel to the US on a B1 visa and convert from B1 to H1 status without any issues even before fulfilling the 2 year rule?

Please also kindly suggest any best lawyers in this area. I tried so much and unable to find lawyers who are experienced in this field. Thanks a lot.
 
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Veggie3

Registered Users (C)
If you indeed returned to India in July 2018, and remained there physically for more than 730 days, then you already served your home residency requirement, and do not need any letter from the Indian government. You need to show that you spent the time in your country (not just outside the U.S.). Therefore, if you have an H-1B visa interview at the U.S. consulate, bring with you proof that you resided in India for the length of the required period (passport entry/exit stamps, pay stubs, utility bills, rental agreement, etc.).

The B-1 route is not recommended, especially if you're trying to avoid completing the 2 year requirement: unless waived or completed, it stays with you, and might hinder future immigration petitions.
 

Ddev

New Member
If you indeed returned to India in July 2018, and remained there physically for more than 730 days, then you already served your home residency requirement, and do not need any letter from the Indian government. You need to show that you spent the time in your country (not just outside the U.S.). Therefore, if you have an H-1B visa interview at the U.S. consulate, bring with you proof that you resided in India for the length of the required period (passport entry/exit stamps, pay stubs, utility bills, rental agreement, etc.).

The B-1 route is not recommended, especially if you're trying to avoid completing the 2 year requirement: unless waived or completed, it stays with you, and might hinder future immigration petitions.
Thank you for kindly taking your time to reply! Really appreciate it!
 
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