Hi there:
Assuming that a student was involved in TWO different J-1 programs with different program sponsors (and the two year rule applied to both stays in the US):
1) The first program is over and the student departs the US and resides 1 year and 6 month in his home country
2) The student starts the second J1 program and again returns to his home country after completion of the program
Option A) Now, the question is whether this student has to spend 6 month from the first program PLUS 2 years from the second program in his home country for a total of 2 years and 6 month
-OR-
Option B) 2 years in total?
I tend to believe the second option is correct. From the 202(e) legal text: "such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States". The law does not say anything about sequential order of being present in the home country.
If anyone has experience with this issue, please share your thoughts on this.
Thanks much!
Assuming that a student was involved in TWO different J-1 programs with different program sponsors (and the two year rule applied to both stays in the US):
1) The first program is over and the student departs the US and resides 1 year and 6 month in his home country
2) The student starts the second J1 program and again returns to his home country after completion of the program
Option A) Now, the question is whether this student has to spend 6 month from the first program PLUS 2 years from the second program in his home country for a total of 2 years and 6 month
-OR-
Option B) 2 years in total?
I tend to believe the second option is correct. From the 202(e) legal text: "such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States". The law does not say anything about sequential order of being present in the home country.
If anyone has experience with this issue, please share your thoughts on this.
Thanks much!