new J1 after J1?

M

malkwan

Registered Users (C)
Dear All,

I am a lab technician (no bachelor’s degree) working in an university research center with a J1 visa issued on 2004, then reniewed on 2007 and expiring this year, on Oct. 31. I was told I cannot apply for an H1B visa after the J1 because it requires at least a bachelor’s degree. Both of my J1 visa stamps say “bearer not subject to 212(E). Two year rule does not apply”. Does this mean I can apply for a new J1 visa, in another institution, without coming back to my country? Also can I apply for a green card with my J1? Thank you very much for your reply.
 
Sorry for the repeated issue, I didn’t check enough threads…..so now I know about this bar period. I have another question tho: my visa expires on Oct., what if I leave before, let’s say August? the bar year(s) will start from Aug. or Oct? thanks so much guys.
 
malkwan said:
Sorry for the repeated issue, I didn’t check enough threads…..so now I know about this bar period. I have another question tho: my visa expires on Oct., what if I leave before, let’s say August? the bar year(s) will start from Aug. or Oct? thanks so much guys.
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Start from the day you leave the country (Aug not Oct)
 
switching without break

I was told by someone in the field of immigration law that switching to another J1 program, without a period that I was off J1, will allow me to stay in US. I am not sure whether what she said it correct though. You may check this with the visa officer of your institution or the new institution that you are considering. Or, contact some immigration lawyers. If you find more information, please share it with us here.
 
thanks kitten3, actually switching to another J1 program is what my boss is trying to do for me now, and I’ll most gladly share with you guys all the updates. he sent to an agency a copy of my DS2019 and of my visa stamp and is waiting for a reply. he’ll be moving to another institution on next August, before the completion of my visa, and I will be either following him or keep working in my current institution but in another lab, at least until next Oct, it depends on how things are in the new place. Do you know, or does anybody know if the visa officer of the new institution has the ability to switch to another J1 program or to extend my J1? because the visa officer where I work now isn’t collaborative at all, I guess because of budget cutting issues. thanks in advance for any reply
 
J-1 terminated as I resigned from position in 2 months, second j-1

I have a question here and need help from you folks. I joind a university as postdoc (research scholar) in feb-10 on J-1 (with 2 yr rule in visa), and appointment peiod was for 1 year. I could not gel-well with my mentor so resigned from position and left program incomplete within 2 months and in April-10 came back to Indai (Home country), university terminates my j-1 stating program incomplete. Now I would like to join another university in same visa category on new j-1, can I apply or I have to serve the 2 yr residency first. If I have to serve then can I get NORI for this incomplete J-1 program from India?
 
siwach said:
I have a question here and need help from you folks. I joind a university as postdoc (research scholar) in feb-10 on J-1 (with 2 yr rule in visa), and appointment peiod was for 1 year. I could not gel-well with my mentor so resigned from position and left program incomplete within 2 months and in April-10 came back to Indai (Home country), university terminates my j-1 stating program incomplete. Now I would like to join another university in same visa category on new j-1, can I apply or I have to serve the 2 yr residency first. If I have to serve then can I get NORI for this incomplete J-1 program from India?
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Since you stayed 2 months only in your J, you can get another J right now and jin the new place without serving 2 years which will be postponed till you finish your second J. SOmetimes the DOS will count the previous 2 months toward your new J, and many times, they will start the count from zero day again. In any case, this is not a big deal in your case.
 
siwach said:
I have a question here and need help from you folks. I joind a university as postdoc (research scholar) in feb-10 on J-1 (with 2 yr rule in visa), and appointment peiod was for 1 year. I could not gel-well with my mentor so resigned from position and left program incomplete within 2 months and in April-10 came back to Indai (Home country), university terminates my j-1 stating program incomplete. Now I would like to join another university in same visa category on new j-1, can I apply or I have to serve the 2 yr residency first. If I have to serve then can I get NORI for this incomplete J-1 program from India?
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Yes, you can apply for a second J1 without serving the 2-year residency. I have personally done this. The residency rule only prohibits you from getting H/L/K visa and GC. The residency requirement is not cumulative, so, at the end of the second J1, you will just have to be in your country of last residence for 2 years (not 4).

If you are planning to get the waiver, I suggest you start the process right after the start date of your last J1 visa. You only need one waiver for multiple J1 visas.
 
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