– She is doing the 5 years requirements in order to get her US citizenship. I heard that with the new laws, that the time for the marriage petition of a GC holder and US citizen is the same (6 months). Can you confirm that??
Hi Tanya. Sorry, I may repeat my question further to your previous comments regarding green card eligibility, but still…I’m completing my Humphrey fellowship (part of Fulbright program) in July and got news that I won green card lottery. I assume I can no way waive the 2-year requirement and process my green card? Any chance? I’m from Tajikistan
Very Nice blog.
I am in a very confused situation. My DS2019 doesn’t say anything about 2 years home requirements. All the checkboxes are unmarked in DS2019. However, on my J1 visa it says “212(E) applies”. So I am confused what’s going on.
thankyou for u blog and the usefull sugestions
i am dilip from india
i am in the usa on a j1 visa.
i am working here as a cook in hotel
As if now i am doing my training program with the hotel in n.j
my j1 visa states that p-4-12880. 212(e)does not apply
my ds2019 form shows that
not subject to the two year residence requirement
An important distinction between the two rules is that the two year home residency requirement makes you return HOME for two years. The J1 repeat rule makes you live outside the US for 2 years – it can be home but it can also be anywhere abroad/outside the US: Canada, Australia etc. And, of course, the J1 repeat rule still allows you to apply for green cards and work visas. The two year home residency requirement does NOT allow you to apply for these unless you waive the rule.
I applied for a waiver last year but was denied due to government funding involved. No surprises there. I am wondering if I have any other options. You said that one can get an H1B visa but not an H1B visa stamp if they are under the 2 year rule. Does this mean that I can keep working as long as I don’t leave the U.S. Or does it mean that I will have to go back to finish the requirement first?
I don’t necessarily mind fulfilling the 2 yr requirement after.
Is it possible to continue with the F1 as an academic trainee? ( I am under the impression the J1 holders get up to 36mo Academic training).
1. You can start counting days towards the two years immediately after you start your J1 program for which you got the 2 year requirement. Say you started your J1 and in 6 months returned home for 3 weeks for Christmas holidays. These 3 weeks count. Make sure you have record of your travel – e-tickets, ticket stubs etc.
Hi Elio, you are right. Once subject, always subject. So the two year rule for the J1 program 7 years ago still makes you subject to the home residency requirement today. (Is that the meanest thing ever or what?). Your options are to return home and serve the remaining 17 months of the two year rule or apply for a waiver – if you were not subject to the 2 year rule based on government funding, it is very possible to obtain a waiver. Government funding cases, however, are extremely hard to get a waiver for. Best of luck. Tanya
I am assuming the J1 short-term scholar visa is the first J1 visa you got. If so, you can check whether you are subject to the two year rule by looking at your J1 visa stamp in your passport. It will either say “two year home residency requirement applies” or “two year home residency requirement does not apply”. Also look at your DS-2019 to see if you are subject to the two year rule and if so, based on what. If both visa and DS-2019 say that you are not subject, then you are not subject. If they say that you are subject, find out on your DS-2019 based on what you became subject and act accordingly (apply for a waiver, return to India to serve the rule, etc.).
I have been reading about this for over a year and I will be getting into the process soon, I am married to an American citizen for 7 months already and I am currently on my second intern program in USA. I am from Venezuela and one of the requirements of my embassy is a letter from my sponsor organization. I am worried because when I signed the contract with them it said I would not try to change my visa status so I’m afraid they will terminate my internship program as soon as I summit the papers. What do you know about this?
Your blog is very helpful!
I am applying for a J1 visa as a “Fulbright Scholar in Residence” and will surely be subjected to the 2 year home residency requirement. Anyway, I would like to continue to stay in the USA attending a graduate program (I have already been accepted by some good universities) taking a F-1 visa. Will summer breaks (3 months each one) and periods of study in my home country (8/10 months) – during the graduate program – be usefull in order tu fullfill my 2-years requirement and make me elegible for an immigrant visa or another j-1 after my Phd?
Thank you Tanya!
Just another question for you…. If I take another J-1 visa, after the expiration of my first J-1 (not taking the F-1) or I have an extension of my first J-1, will summer breaks (3 months each one) and periods of study in my home country (8/10 months) be usefull in order to fullfill my 2-years requirement?