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J1 2-year home residency rule Waiver validity period

Chicago, IL |

I came in 2011, on a J1 Visa, under the Intern category. I was subject to the 2-year rule. The J1 Visa was valid for 6 months. I then received a Waiver for this 2-year rule. After obtaining the Waiver, my J1 Visa got extended for another 6 months. The Visa expired in 2012. My question: I was subject to the 2-year rule, obtained a waiver, but then the same J1 Visa eventually got extended. So, the waiver had been obtained before the Visa was extended. Does this Waiver cover my extension and is this Waiver going to be valid for the rest of my life? I will not use a J1 Visa anymore in the future. If later on, a company is willing to sponsor me an H1B Visa, will I still be subject to the 2-year rule? I have the Waiver with me. But I am not sure if the J1 Visa extension invalidated my Waiver.

I got the Waiver on the No Objection basis.

Attorney Answers 3

Posted

Not on these facts.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

Hi, would you mind elaborating a little bit more? What do you mean exactly by "not on these facts"?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

If the program was the same, as I understand from your facts it was, then you have waived it already. If the program was different, you will need another waver. Good luck. DO not forget to mark my answer as best. Thanks.

Asker

Posted

Thank you, your clarification is indeed very helpful.

Posted

If you entered a new J program that is subject to 212(e) for some other reason, you may need another waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Asker

Posted

Hi, I did not enter a new J Program. It was only an extension to the existing J1 Visa. Even the DS-2019 number remained the same. Does this change things?

Posted

Based on what you say you do not need another waiver.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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