I was a foreign exchange student on a J1 visa in 2009 and subject to the 2 year residency requirement because the program was fully funded by the US Department of State. I am an F1 student now and come back home for holidays. I still have 8 months left on the residency. I will be starting my Masters AUG 13, and not sure if I can finish these 8 months. I might be able to get a NOS, so should I apply for the waiver now or wait until I get an actual job offer versus merely being a graduate student? Also, when I do come back home on holidays, do these count toward the residency? How do i prove that I have completed a year 4 months?
I am not currently on a J1. I am currently studying in the United States on an F1 visa, which was paid in full by my parents. Also, the U.S. Department of State was the Program Sponsor in 2009, but it is no longer the Sponsor for the Program in which I was a foreign exchange.
Employment / Labor Attorney
You need to consult with an attorney as to your possibilities: they depend on your occupation; family situation, country of origin, etc.
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4 lawyers agree
Burden is on you to prove the requisite two years overseas with passport stamps, rental contracts, employment contracts, etc. I owuld not recommend getting the waiver until you know what you are doing. Onc eyou obtin the waiver you will not be able to extend the J-1 if that is what you decide to do.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
3 lawyers agree
With 8 months left on the completion of your HHR, I would not do the waiver.
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6 lawyers agree
To obtain a waiver may take you 8 months. I may be simpler and possibly faster to complete the remaining 8 months of the two years outside the US.
Robert Brown LLC
1476 W. 9th Street, Suite 800
Cleveland, Ohio 44113