J1 waiver needed or not

#1
Respected forum members,


I was in US from Dec 19 to Mar 20 on J1-Cultural Exchange Program stamped with 2 year mandatory home stay. Now, I’m back to India, and the University in US is asking me to come back on a new J1. Do I need a waiver if I apply for a new J1 visa?

I couldn’t find a solid answer on this yet. The immigration website says waiver is needed to change Visa status or apply for visa in other category but no answer if I apply for new J1.

Awaiting for a response as I couldn’t get specific answer from anywhere.

Regards
Dr. Negi
 

newacct

Well-Known Member
#2
You don't need a waiver. The 2-year home residency requirement only prevents you from getting H or L work visas or permanent residency. It doesn't prevent you from getting other types of nonimmigrant visas like J1 visas. There is also the 12-month and 24-month bars on repeat participation for Research Scholar and Professor J1s, but that doesn't apply to you.

Of course, coming to the US in any status will mean it will be longer until you fulfill the 2-year home residency requirement, since you won't be physically present in India.
 
#4
You don't need a waiver. The 2-year home residency requirement only prevents you from getting H or L work visas or permanent residency. It doesn't prevent you from getting other types of nonimmigrant visas like J1 visas. There is also the 12-month and 24-month bars on repeat participation for Research Scholar and Professor J1s, but that doesn't apply to you.

Of course, coming to the US in any status will mean it will be longer until you fulfill the 2-year home residency requirement, since you won't be physically present in India.
Does this mean that as a precautionary measure, I should apply for J1 waiver even if I’m applying for a new J1. Please clarify the last line. Thank you and sorry to bother.
 

newacct

Well-Known Member
#5
Does this mean that as a precautionary measure, I should apply for J1 waiver even if I’m applying for a new J1. Please clarify the last line. Thank you and sorry to bother.
No, it means that you won't be able to get an H or L work visa or permanent residency until you have spent 2 years cumulatively in India (consisting of time before and after your second J1). Or, if your second J1 has a 2-year home residency requirement also, then you again cannot get an H or L work visa or permanent residency until you have spent 2 years cumulatively in India after the second J1.
 

Veggie3

Registered Users (C)
#7
To the OP - was your first J-1 defined as "J-1 Short-Term Scholar" or as "J-1 Research Scholar/Professor"? If the former, then no problem. If the latter, there might be a problem. The State Department has 12 and 24 month bars are different from the two-year home country residence requirement. The 12 and 24 month rule affects J-1 exchange visitors who were in the U.S. on a J-1 visa in the past, and wish to return using the J-1 visa. For more information, look at:

https://oiss.yale.edu/immigration/j...=If you have never before,do not apply to you.
 
#8
Mine was J-1 Short-Term Scholar and visa was valid for 6 months and sub-category as “visiting clinical instructor”
I went through the link and this is good stuff. I’ve informed my University to also publish something like this for students.
 
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