Questions regarding J1 2 years HRR and change of status to H4

S

sdr22

Registered Users (C)
Dear All,

I have a few concerns and queries regarding J1, 2 years HRR and change of visa status to H4. My girlfriend came to the US as a post doc on a J1. Her initial term was for a year. Her IAP-66 said she was exempt from the 2 years HRR. The visa stamp she got at the consulate said the same. Then she got another year in extension and a new IAP-66. The new IAP-66 didnot mention anything about 2 years HRR. Basically, none of two boxes were checked. Then after checking the skills list it appeared that her speciality was not subjected to 2 years HRR. We wrote to the state department for clarification, but they never responded (it has been 4 months since then). The school claims it is an error- and she is subject to 2 years HRR.

In the mean time her term got over here and for family reasons she had to leave without filing the NORI. Now, we are planning to get married. I am on a H1B. I want to know the following:

1) How do we make sure whether she is really subjected to 2 years HRR.

2) What are the chances that she could come over to the US on a H4, based on all the information I just provided.

3) Is there any way to get a no objection certificate from India? If she can prove that she has never used government funds for her education would she be still subject to the 2 years HRR clause.

4) Can she come to the US based on a new J1? ( I hear there is a 3rd year extension possible). Does it have to be in the same university

4) Is there any lawyer I can speak to who specializes on J1 and waiver issues.

5) She has a teaching job in a govenment college in India. If she joins this job in the interim, would that effect any prospect of getting the visa whatsoever?



Sorry for the long mail. But any help from the J1 gurus shall be very well appreciated.

Thanks
 
1) Only the DoS advisory opinion can make it clear whether she is really subject to the HRR.

2) In my opinion (I am NOT an attorney) , she should have no problem in getting H-4 based on the information that you provided. If her second IAP-66 has the same program code as her first IAP-66 (that means if the second IAP-66 has "continuation of an ongoing program" box checked - this box is on the right hand top corner of the pink IAP-66), most likely she would still NOT be subject to the HRR if her first IAP-66 and the visa stamp indicated so.

3) If you are thinking of a waiver, NOCs won't work - NORIs are required. Visit Indian Embassy's website and search this forum for details about NORI-based waiver.

4) My view: Don't risk J-1 - try H-4. On H-4, she won't be able to work in the US though. If the embassy denies H-4 saying that she did not fulfill the HRR, she can then try J-1. However, if the J-1 program codes were different, then she can get another J-1 only after a gap of one year from the end of previous program.

5) No idea about specific attorney.

6) Any job in India should not affect her chances of getting either J-1 or H-4 visas.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
A Few more followup questions

Hi,
I have a few more followup question in regards to Jigesh's response.

1) If she did get the H4 visa, can we file for her HRR when she comes to the US? Or, is it redundant/ non-applicable then.

2) If she enters the US on H4 can she then move to a J1, with program code different than her present code?

Thank you for all your help and insight.

Thanks again
 
1. Yes - while being on H-4, she can apply for the HRR waiver due to previous J-1 visa to the best of my understanding.

2. Yes. However, she will need two waivers OR two HRR fulfillments if both the programs are with 2-year HRR clause. Also, I earlier read somewhere that there has to be one year gap between two different J-programs - I am not sure whether that is correct or not though.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Is there any thing like a 3rd year J1??

1) Is there anything like a 3rd year J1 visa (2+ 1 years of J1)?
Is my understanding incorrect?

2) If there is a 3rd year J1, then does it have to have the same program code as the first two years of J1?

Thanks
 
1. Depends upon your program - if the sponsor allows third year, then yes.

2. Yes - the same code if extended in the same program.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
3rd year J1..

Hi,
Thanks for the response.
I had a followup question:

1) Is it neccessary that the 3rd year has to be with the same sponsoring organization?

2) Say a person was a post doc in a university A for 2 years, then the person goes to University B- can the person get the 3rd year if the program code is the same?

Thanks
 
1. Not necessary if your current organization co-operates in granting you the transfer. That means, you should get a transfer before your current program expires OR get an extension first at your current institution and then get a transfer. You, most probably, can NOT start a new program at a new institute immediately following the previous program.

2. There are various factors [like maximum allowable period for your category, continuation provisions or transferability of/under that category, source of funds in the program sought by you now (at University B), etc.] and the best persons to answer are sponsoring offices at University A and University B.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
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