Will I get a second J-1 visa?

B

Baptiste

New Member
Hi everybody

Sorry in advance if this subject has already been tackled.
Here is my situation:

I have been working as an intern in a Californian company under a J-1 visa since June and until December 15th.
On my current DS-2019 and visa stamp, there is the following mention :
"2 year rule does not apply"

A few months ago, I learned that I had been accepted at UT - University of Texas as an exchange student from January to May 2009. For this program, I will also need a J-1 visa.

--> Am I eligible for a second J-1?
Can I go back to France in December for one month and leave in January for Texas to study at UT legally, with a new J-1?
If not, is it worth asking for a waiver (which takes forever apparently) knowing that my semester at UT will start early January?


Thanks a lot for your answers!

Baptiste
 
Baptiste said:
Hi everybody

Sorry in advance if this subject has already been tackled.
Here is my situation:

I have been working as an intern in a Californian company under a J-1 visa since June and until December 15th.
On my current DS-2019 and visa stamp, there is the following mention :
"2 year rule does not apply"

A few months ago, I learned that I had been accepted at UT - University of Texas as an exchange student from January to May 2009. For this program, I will also need a J-1 visa.

--> Am I eligible for a second J-1?
Can I go back to France in December for one month and leave in January for Texas to study at UT legally, with a new J-1?
If not, is it worth asking for a waiver (which takes forever apparently) knowing that my semester at UT will start early January?


Thanks a lot for your answers!

Baptiste
Click to expand...

Thsee points may help but not answer all your questions.
1- You can apply to change from one category of J to another category of J to the maximum stay of the second J. for example if you are on research J with maximum 5 years and you already spent 3 years, you can extend in another research program for another 2 years only, or change to J medical for another 4 years (because the maximum of J medical is 7 years) and so on.
2- You can not just finish one J (the maximum time) and go to another j because by then you may stay in the US forever on J which is something against the phelosophy of J
3- To get another J you have to stay outside US for what called bar time which is minimaum one year (either you subject to the 2 year home country or not)
4- if you apply for waiver, you are panned forever from any other J (whatever happened o you waiver application; denied, approved, pending .....etc)
5- Ask the international office in the place you want to join and till them your visa history in detail and do not hide anything and they will till you if you are eligible or not.
 
Thanks for your answer Mmed.

At the embassy last June , when I got my appointment for my current J-1 which expires on December 15th, the cashier told me that I could get another J-1 for sure to go study to Austin from January to May 2009.

--> Should I take an appointment at the US embassy in Paris in December when I am back to France anyway and hope to be delivered a second J-1 visa for Austin? Should I cancel all my plans to study over there?
I feel like it will take too long to ask for advise to the DOS...

Thanks for your precious answer.
 
Baptiste said:
Thanks for your answer Mmed.

At the embassy last June , when I got my appointment for my current J-1 which expires on December 15th, the cashier told me that I could get another J-1 for sure to go study to Austin from January to May 2009.

--> Should I take an appointment at the US embassy in Paris in December when I am back to France anyway and hope to be delivered a second J-1 visa for Austin? Should I cancel all my plans to study over there?
I feel like it will take too long to ask for advise to the DOS...

Thanks for your precious answer.
Click to expand...

Ask the people at international office in the university, they will till you supposedly very quickly. Every case is different.
 
Thanks Mmed.

I did talk to the international office of my exchange university in Austin, Texas. They will ask advise and will get back to me later. I am afraid this may take some time though.

However, maybe you can answer the following questions :

- Can I transfer my J-1 from an intern position (June 15th to December 15th, 2008) to an exchange student position (January 8th to May 28th, 2009) and therefore extends its validity to another 5 months (total length of 11 months)?
- Concretely, how can I do that?
- I plan to come back to France between December 15th and January 8th : Can I re-enter the US on January 8th knowing that my J-1 will have expired since December 15th?

- I have received a new DS-2019 from the school in Austin which will be valid from January to May 2009 : therefore will I be legal in the US during this period?

- Instead of a J-1, can I apply for a F-1 to study 5 months in Austin?
How long will it take for Austin university to issue the I-20 form?
Isn't the F-1 reserved for "long" studies (at least 1 year)?

I know this situation is tricky, I hope I made it clear.
Thanks a lot for your answers!

Baptiste
 
Baptiste said:
Thanks Mmed.

I did talk to the international office of my exchange university in Austin, Texas. They will ask advise and will get back to me later. I am afraid this may take some time though.

However, maybe you can answer the following questions :

- Can I transfer my J-1 from an intern position (June 15th to December 15th, 2008) to an exchange student position (January 8th to May 28th, 2009) and therefore extends its validity to another 5 months (total length of 11 months)?
- Concretely, how can I do that?
- I plan to come back to France between December 15th and January 8th : Can I re-enter the US on January 8th knowing that my J-1 will have expired since December 15th?

- I have received a new DS-2019 from the school in Austin which will be valid from January to May 2009 : therefore will I be legal in the US during this period?

- Instead of a J-1, can I apply for a F-1 to study 5 months in Austin?
How long will it take for Austin university to issue the I-20 form?
Isn't the F-1 reserved for "long" studies (at least 1 year)?

I know this situation is tricky, I hope I made it clear.
Thanks a lot for your answers!

Baptiste
Click to expand...

1- You can transfer your J and u need an offer from the new program to hand it to the current one who will do the transfer online if the remaining time in your current J allows for that (you did not exhaust all time allowed under your category with the current sponsor), by then you can extend your stay.
2- You can change from J to F, but the 2 year requirement will stay on you after you finish with F.
3- You can not come to US under J unless both the visa stamp and DS are valid and active (only one of them valid is not enough). Even if you are from visa waiver country (France), you can not come under visa waiver to wait for J or F or any other status, because if you admitted under visa waiver program, this will be not for work and you should have I-94 with the specific category you will work or study with.
4- You can check for how long the F is valid for under F visa category of this forum (I have no experience with F).
5- You may truncate your current program and leave to satisfy the one year bar outside the US (not required to be in your country in contrast to the 2 year home residence requirement) then you get the new j, if the current program is not that important.
6- Having DS in your hand does not mean that you should get the visa to start the program unless you fulfill the requirement of that visa (bar year, 2 home country residence, ........etc) which is the responsibility of DOS (consulate) to enforce the law (not the universities)
 
mmed said:
Thsee points may help but not answer all your questions.
1- You can apply to change from one category of J to another category of J to the maximum stay of the second J. for example if you are on research J with maximum 5 years and you already spent 3 years, you can extend in another research program for another 2 years only, or change to J medical for another 4 years (because the maximum of J medical is 7 years) and so on.

Dear MMed,
What if i get back to My home country and applied for a second J1 Medical Visa, Will the Maximum stay be 4 years or & years?
Click to expand...
 
godfather1212m said:
mmed said:
Thsee points may help but not answer all your questions.
1- You can apply to change from one category of J to another category of J to the maximum stay of the second J. for example if you are on research J with maximum 5 years and you already spent 3 years, you can extend in another research program for another 2 years only, or change to J medical for another 4 years (because the maximum of J medical is 7 years) and so on.

Dear MMed,
What if i get back to My home country and applied for a second J1 Medical Visa, Will the Maximum stay be 4 years or & years?
Click to expand...

Regulations for subsequent J are the same if you apply from the US or from home country. If you go outside the US and cancel the current J, you will be automatically subject to the bar year (or 2 years) which is the time required between to subsequent Js (this is not related to the 2 year home country requirement and apply if you are subject to the 2 years or not). If you satisfy the bar time, then you can have another J to its full time and forget about the previous J. The immigration make that to prevent people to stay forever on different Js with few days or weeks separating them in their home country for example.
Click to expand...
 
Thanks MMed,
for the 2nd part of ur answer regrading the 2 years bar, i am sure it does not apply if you will come Back on J-1 medical. it only applies if U are coming back again as a research scholar or visiting professor. I consulted the OISS of the university my wife works in and also I called the ecfmg.
Any response from you is appreciated.
 
I have similar case as Baptiste. I want to apply for second time J1 visa under trainee category ( I have been in the U.S. under this category for four months) I didn`t know about two year rule between visas under same category.
Can I apply for a J1 waiver even if I do not have stemp in my passport with two year rule.
Anyone with similar situation?

Thanks
 
For Baptiste I am sure you should have no issues as I know many people who have had J1 visa multiple times on both the same and different programs.

For lawj1, your situation is as common as they come as many people come on J1 under the Work and Travel program for four months and later come back on J1 in an internship role.

CJ
 
I know about an option of changing the category under J1, but I am not a student so I can not use intern or work/travel category. I have been in the U.S. under trainee category as a professional with work experience and a university degree.
Is there any way to avoid 2 year waiting time between two J1 visas under same category?

Thanks.
 
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