Need advice

[irishali]

Hi everyone,

So I'm going to outline my situation and see if any of you have any advice for me, I'm getting totally confused as to what to do.

Firstly, I'm currently in the US (since August) until the end of December on a J1 visa while I'm finishing my PhD. I'll return to Europe at the end of December so I'm not applying for a change in status. I will have to stay in Europe until September to complete my thesis but really want to come back to the US.

So there's a couple of things. I don't receive funding from either the US or my home country (Ireland) for the purpose of this exchange, however they ticked the box 'subject to the 2 year residency rule' on my DS2019. With the help of the International Student Advisory here I applied for an advisory opinion stating why I don't think I should be subject to the rule. However, I have received an opinion back that I am subject (though I don't know why). That was really disappointing as my friend who was here on the exact same exchange programme was not subject to the 2 year rule.

I'm unsure whether I should apply for a waiver of this requirement, what my chance would be of getting one etc without any firm reason to come back to the US (no job offer as yet, not a DV lottery winner (yet?!!)). Should I apply for the DV lottery or would that hamper any chance of me getting a different type of visa in the future by it being intent to emigrate, ie should I wait until I get a job offer and come in under that visa and apply for the lottery next year? There's a strong chance of getting a post-doc offer here in 12-24 months. Or should I just apply for the lottery and if I win then apply for the 2 year requirement waiver with a 'no objection' statement from my country. Any idea how difficult it is to get one? Anyone know how likely it is that a waiver would be granted if I get a 'no objection' statement?

I'm sorry if this doesn't make any sense but I really don't want to have to fulfill the 2 year requirement, I would like to be able to return here by this time next year.

Any advice or help that anyone has would be greatly appreciated,

Thanks!

 

[LucyMO]

is there a skills list for Ireland? if there is, maybe, your profession was on it.

 

[luckywinner]

as you are not a winner from the lottery why you are asking? as you are a phd why are you worring about your future? you have to follow the rules. you better hire a lawyer if that is important to you. dont rely on peoples opinions.

 

[Gerindo]

You have higher chance of getting a visa in the U.S by applying the E1 or E2 or even the H1 visa rather than applying for a DV visa.

Applying for DV lottery should not affect your future ability to get a visa to the U.S. Imagine if it does, there would be millions of people (winner or non winner of DVs) will not be able to go to the U.S because they applied for the Lottery.

For the J1's 2 year requirement, not sure how it works. I know someone who got an J1 visa before and He told me he could wave it by getting a special permission by the USCIS and change to another visa status like an F1.

 

[drMBA]

Applying for the lottery has no effect on your J visa. It is only when you win and accept to process the NL that it becomes a case of "have applied for immigrant visa".
For everything else about the J visa, it would be best if you posted on the J visa thread as they would be in the best position to advise you.