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Updated: 3 years 51 weeks ago

2 year HRR and marriage to GC applicant

Jan 6th 2014
I have 2 year HRR, which would end in end of 2014, I am currently in my home country serving it. My boyfriends GC application has started? If we get married now in the USA( I have visitor visa) and I come back, and he adds my name to his GC application, is that ok? Would there be any issues?

J-1 VISA first time stamping outside home country

Jan 4th 2014
I am an Indian citizen, currently doing post doctoral research in Canada with Canadian work permit. I did my Ph.D. and Masters from Indian University. Recently I have received a Post Doctoral job offer from a US university. My employer is ready to file my petition with my job offer for J-1 Visa. I want to know whether I will be able to apply for J-1 visa and first time stamping of passport here in Ottawa (Canada) US embassy. Because it is difficult for me to go to India for VISA. How long it will take to get my J-1 visa with stamped passport after interview. Kindly let me know.

J1 while I-140 is pending

Dec 26th 2013
Hi all,

Will J1 waiver increase my immigrant intent?

Dec 13th 2013
I am currently a master student with an F1 visa and expected to graduate this year. Since I had a J1 visa with a 2 years home residency requirement and my initial plan was to get a job immediately after obtaining my degree, I applied for a J1 waiver and got approved soon.
However, now I change my mind and decide to pursue a PhD degree after obtaining my master degree. A problem comes up:
People told me that my approved J1 waiver might increase my immigrant intent and once I went back to my home country, I would be taking a big risk. After waiving J1, people will stay at US until they get an H1B or a green card. Is this true?

PhD study is a long period so I will have to go home sooner or later. Or at least I must leave US to attend some academic conferences.

My questions are:
1. Does J1 waiver really increase my immigrant intent and the risk of leaving US? Will it have a bad effect when I apply for a new F1 visa for my PhD study?
2. Is the VO aware of my J1 waiver if I don't mention it?
3. Any suggestion on my situation?

J-1 visa expiring soon...

Dec 10th 2013
I am US born citizen. My girlfriend from Bolivia just found out that she will not be able to renew/extend her J-1 visa a second time. The current J-1 visa expires in February 2014. This means she will need to stop working at her current place of employment and will not legally be able to work in the US. One option we have discussed is marriage. If we get married, then fill out all the necessary paper work for her work permit (and green card, etc.) and submit it before her current visa expires, is she able to continue working during the processing period? Or will she need to have the work permit before her visa expires in order to avoid any gaps in employment?

Question Regarding J1 Residency Waiver Process

Nov 21st 2013

This summer, my wife applied for a waiver to the J1 2-Year Residency requirement (on the basis of no objection). A favorable recommendation was granted on September 20, 2013 and was forwarded to USCIS. However, since then, we have not heard an update.

Last week, I contacted my senator to have his office look into the status of the case. This was the response they received from USCIS:

“Thank you for your inquiry regarding the J-1 Waiver of Foreign Residency issue presented by your constituent. Upon receiving a “No objection” letter from the Department of State, she should file form I-612, Application for Waiver of Foreign Residency Requirement, with USCIS. The California Service Center will process this form. Both the form I-612 and its filing instructions may be found on our website, www.uscis.gov.”

From my understanding, we didn't need to file I-612 for a no-objection waiver. Do we need to file with form (along with the $585 fee)?

Thank you

J-1 Persecution Waiver

Nov 10th 2013
Is there anyone that applied for a persecution waiver for 212(e) and got rejection/approval? Did you apply with or without a lawyer? I am not able to afford a lawyer without taking out loans, but I really fear returning.

If you have any experience at all, please share. I am also former Fulbright.

Did anyone apply for J-1 ( Persecution) waiver and get approval without lawyer?

Nov 8th 2013
Anyone succeed with a persecution waiver without a lawyer?

I really need an approval but cannot afford a lawyer. Any recommendations?

Also a former Fulbright.

Statement of Reason - is application for green card a good reason?

Oct 21st 2013
Hi everyone,

I'm new here and I tried searching the posts for an answer to my question but I didn't find it. My situation is a bit complicated so bear with me for a bit.

I had a J-1 visa sponsored by the National Institutes of Health who attached the 212e rule to the visa. I have transferred the J-1 visa to a University that does not usually require the 212e (but of course, it's still there). I am now working on applying for the waiver and I know that getting the No Objection Letter from my home country is relatively easy. I have also married a US citizen and am planning to eventually apply to the green card (after the waiver is approved). My question is: in the Statement of Reason for applying for the waiver, do I state that my current University doesn't require the 212e rule, or do I state that I am married to a US citizen and intend to apply for the green card? Maybe both?

Let me know if this is too specific to this Forum and if I should just contact a lawyer instead...


J-1 waiver pending and got an extension (new DS-2019), what does that entails?

Oct 16th 2013
Hi all,

I got an extension of my DS-2019 when I was back to my country (Italy) and obtained a new Visa stamp.
Right a few weeks before, I started the waiver application and sent all the papers for the J-1 waiver which I was subject to.
My question is: Am I subject again to the 212(e) having a new DS-2019 (even if it'is only an extension of the previous one, i.e. same SEVIS number, same program) ?

I was thinking to sent to the DOS the new DS-2019 and the new Visa stamp copies in order to update them, since my case is still "pending" and they are waiting for the NOL from my country.

Do you think is the right procedure?

Have you never heard about similar cases?

Thank you so much in advance

changing J-1 category

Oct 14th 2013
I'm currently at US on J-1 visa under "short-term scholar" category, my DS-2019 will expire Nov. 1st but my J-1 will expire after 5 years. I've been admitted to a PhD program that starts next Jan. I knew I can continue on my J-1 but with another DS-2019 having "Student, college/university" category. I have some questions regarding this:
1. Do I have to re-apply for J-1 visa or may I use current one?
2. If I traveled to my country return when my program starts, would I face any problems when entering U.S. 2 consecutive times with 2 DS-2019 having different categories?
3. I'm not subject to two year rule on my current DS-2019, my new program is not funded by neither US government nor my country government, and my specialty is not on my country skill list, so does the change in category has any problem with two year rule?

two year rule & section 212(e)

Oct 14th 2013
I'm currently at US on J-1 visa. My visa annotation section has the following:

I'm a little bit confused about how I'm subject to section 212(e) and at same time don't have two year home-country physical presence. So, could anyone advise regarding this.

J1 research scholar with MBBS (Medical Degree)-Medical or Non medical professional NewDelhi addres?

Oct 6th 2013
Dear All,

I need an important help from previously experienced researchers with MBBS medical degree from India.

After finishing MBBS(Medical Degree) in India, I came to US with H4 visa. After soemtime, I got research fellow position under J1 research scholor visa. I have started my J1 waiver process recently. Finished stage 1 (attessation) and I am ready to send my documents to India for stage 2.

J1 waiver NORI form has two addresses for NewDelhi. One for medical professionals (The Ministry of Health and Family Welfare, Department of Health, Nirman Bhawan, New Delhi) and
another one for non-medical professionals(The Ministry of Human Resource Development, Department of Education, ES-5 Section, A-1/W-3, Curzon Road Barracks, Kasturba Gandhi Marg, New Delhi).

I do not know where to send my documents because I have medical degree but I am doing research.
Should I send them to medical professional newdelhi address or non-medical professional newdelhi address please?

Thanks for your time and help,

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