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?
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
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
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