phuluong2k
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Finally I got my J1 after previous B1/B2 and F1 rejection in my home country. During the J1 interview, the consular asked me if i knew that I have to come back the country after the residency completion. Certainly I said "yes"
But when I got the visa, the great surprise is the annotation on my visa
" The bearer of this visa is not subject to 212 e, two year rule does not apply"
Does it means that I can change the status to H1b, green card etc without going home for 2 years?
Is any one in the same situation and know why they give this favor?
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| rockingdoctor
Forum Elite
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there must be some catch, ask the consulate or an attorney
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| phuluong2k
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Thanks rockingdoctor
Any input please?
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| falcon2007
Forum Senior
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hello phuluong,
i have the same thingy written in my visa. i dont know what that's supposed to mean. i am going to ask my future residency-colleagues or my pd...
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| phuluong2k
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Hi falcon, if you have more information, please put it here
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| falcon2007
Forum Senior
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hey phuluong, i got great news mate. i found this on a official german side:
Das "2 year home requirement" besagt, dass Inhaber von J-1 Visa nach deren Ablauf mindestens zwei Jahre nicht in die USA einreisen dürfen, bevor sie ein Arbeits- oder Immigrationsvisum beantragen können. Normalerweise sollten J-1 Visa für Deutsche nicht unter diese Regel fallen. Wer fogenden Vermerk im Visum hat: "Bearer is not subject to section 212(E). Two year rule does not apply." , kann ganz unbekümmert sein. Damit das ins Visum eingetragen wird, muss es allerdings schon im ursprünglichen DS-2019 erwähnt sein.
That means we can stay in the USA after residency and apply for immigration or working visa. the 2 year rule does not count for people who have stated this on their visa. bloody hell mate! i'm gonna ask my pd on thursday and let you know...
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| falcon2007
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i found this, somehow ambiguous i find:
J-1 Exchange Visitors and accompanying J-2 dependents may be subject to a two year foreign residence requirement.
As a J-1 Exchange Visitor you came to the U.S. for a specific objective such as a program of study (student), a research project (research scholar) or to teach (professor). The intent of the Exchange Visitor program is to allow you to complete your program objective and have you return to your home country so that you and your country can benefit from your experience in the U.S.
You may be subject to the two year foreign residence requirement if:
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you have received government funding, in whole or in part, directly or indirectly, for the purpose of exchange, from your home government or the U.S. government
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you work in a field that appears on the Exchange Visitor Skills List (a long list of areas and fields identified by foreign governments as having a short supply of workers in that country that may be found at http://exchanges.state.gov/jvisa/skills.txt )
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you participated in a graduate medical education or training program sponsored by the Educational Commission of Foreign Medical Graduates (ECFMG)
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you are the J-2 dependent of an Exchange Visitor who is subject to the requirement
If you are subject to the requirement then, until you have "resided and been physically present" for a total of two years in either your country of nationality or your country of legal permanent residence, you are not eligible for:
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an H (temporary worker and dependents), L (intracompany transferee and dependents) or an immigrant (permanent resident, green card) visa or status
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a change of status inside the U.S. to any other nonimmigrant classification except A (diplomats and dependents) or G (representatives to international organizations and dependents)
Evidence of whether or not you are subject to the two year foreign residence requirement may usually be found:
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on the J-1 visa stamp page in your passport. It may bear the phrase: "Bearer is/is not subject to 212(e). Two year rule does/does not apply."
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in the section in the lower left hand corner of your DS-2019 form labeled "preliminary endorsement."
If a consular officer or immigration inspector made an indication in either or both of these places, the indication is usually accurate. However, the determining factors are as stated above, regardless of the markings made on either the visa stamp or the DS-2019. If you have any questions about whether or not you are subject to the two year foreign residence requirement make an appointment to see Mary Idzior (idzior@princeton.edu), Director, Visa Services, 120 Alexander Street, 258-1450. If information is inconsistent or inconclusive, an advisory opinion may be sought from the Department of State.
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