misty
Forum Elite
Topics: 58
Posts: 284
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rockingdoctor wrote:
J1= 2 year home rule requirement, no exceptions
ont agree wid the above posts. j1 - the 2 yr HRR is applicabel under 2
clauses, if u have even 1, the 2 yr hrr is applicable even fi u come
for 1 day
1) US govt funds, or ur home country govt funds or international organisation funds (like WHO etc)
2) if what u are doing is in the needed skills lis of ur homecountry.
find the list here in this post. look for the skills reqd under ur homecountry.
plz understand that mistakes happen and the INS can wrongly put that clause on ur visa. the final decision lies with the DOS. so, even if teh 2 yr hrr is stamped on ur visa...the clause may not be applicable to u. get that cleared from the DOS, apply for an advisory opinion. I wld suggest apply for a waiver side by side, u never knwo what decision will be given. ( I think u can get an advisory opinion even before u go for ur visa interview, because from what i read on DOS website, the DOS just requires DS 2019...and not passport or visa copies..... but I am not sure of this...confrim this with the USCIS ppl or from an immigration attorney)
if after reading all these things u feel that the clause is not applicable to you, and the visa officer still stamps u a 2 yr hrr....get a DOS advisory opinion. u have to send copies of ur DS 2019 and other documents (dont remember what all....u can find info from travel.us.gov) ...whatever they say if final.if they say u dont need a waiver...U DONT! irrespective of what is stamped on ur visa.
remember that the DOS can take upto 4 MONTHS to give u the advisory opinion. so keep that in mind. they can give it early , u gotta be luck to get it in a few weeks.
if the clause is applicable, u have to get a waiver to be eligibel for h1 visa. the only good part abt 6 short term research scholar is.....if u are applying for residency this year u will still be eligible for ecfmg sponsored j1....had ur duration been longer than 6 mo...u wld have to get DOS approval for conversion of category from j1 research to j1 clinical , which is by default, really time consuming.....not to mention u always run the risk of rejections. I do not know what is the succes rate in such cases.
once u get ur DS 2019, it is written on the form...the source of ur funding...if someone is paying u... & the project is funded by NIH of such agencies...u will be subject to the 2 yr hrr...hope u understand that. I wld suggest that even if they are paying u...dont take it, if u dont want the 2 yr hee clause.
also mentioned on teh form is a number ...in front of teh type of work u will be doing as a researcher...there are soem lists on DOS website which provide verbiage for that no...read that..and then check again if dat specific skill is in shortage in ur homecountry....if it is...teh clause is applicabel to you even if it is not stamped on ur visa.
if u are not applying for 2008 match...then u can easily get a waiver from ur homecountry till next yr...so u shldnt worry so much.
Hope i answered atleast some of ur queries.
j1 is very complex, and each case is individualised. plz do not belive generalised opinions posted in forums...find the information , apply it to ur case, and then see the outcome. I have already provided u with teh required skills list.
read the official publication regd rules & regulations for j1..its called 22CFR part 62
google it , u shld be able to find it. if not let me know, i will post it here.
dont believe me either. I have given u information and where u can find it (all official websites) . apply it ur case. and make an informed decission.
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| misty
Forum Elite
Topics: 58
Posts: 284
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i have been unable to attach the skills list. sorry for that, u can find the document on travel.us.gov
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| misty
Forum Elite
Topics: 58
Posts: 284
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oh i just read ur q again...frm SHORT TERM SCHOLAR to j1 residency...YES YES YES.
however short term scholar to h1----- depends..read posst above.
u can read info abt 6 mo scholar to j1 clinical on ecfmg website itself.
but if duration or ur research is longer (> 6 mo) ----- individualise it using the info i posted above.
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| Hotobhaga
Forum Elite
Topics: 41
Posts: 180
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Misty:
Let me rephrase the question
If I accept J short term for observership, can i apply for H1 immedeately after being offered residency. Or is it that a j short term will be converted into only a J1.
___________________
USMLE preparation is all about discovery. Discovery of your own capabilities....Julia Perch MD (iprep)
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| misty
Forum Elite
Topics: 58
Posts: 284
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hotobhaga,
plz read my lengthy (phew) post above.
u can convert it only if u are not subject to the 2 yr hrr....
plz understand here that the final authority to decide whether the clause is applicable to u or not is not ur program where u are taking up the observership/reserach/whatever or even the VO at the consulate or the IO at POE....it is the DOS. but if teh 2 yr hrr is stamped in ur visa..u need to ASK DOS urself if that is the case. DOS itself will not tell u. send for an advisory opinion.
I think my length post above shld answer most of ur queries hotobhaga. if u still have any queries post here or PM me.
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