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  • J1 Visa Waiver

    I have a J1 visa valid for 1 year and I am subject to 212E section (the 2 year home residency requirement); I would like to apply for a waiver in order to change my visa into an F-1 or H-1b. Is it difficult to get the waiver? Can I also work while a J1-er? Are there any tricks I could use? I appreciate all your replies. Thank you.

  • #2
    I have a J1 visa valid for 1 year and I am subject to 212E section (the 2 year home residency requirement); I would like to apply for a waiver in order to change my visa into an F-1 or H-1b. Is it difficult to get the waiver? Can I also work while a J1-er? Are there any tricks I could use? I appreciate all your replies. Thank you.

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    • #3
      when your received this J1, you were told about the 2 yr rule and you agreed to it (tacitly) when you obtained this privilege. Why do you want to avoid this responsibility when you agreed to it last time? Why can't you live up to the terms of this privilege?

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      • #4
        it is common for people to come on a visa and switch status while in the US. F-1s are admitted to US on the condition they return to their home country after their studies however many get sponsored to a H1B or another status that enables them to continue living in the US. The US has been built on immigrants and I see nothing wrong with the question of wanting to legally switch status.

        There is 5 reasons one can get a waiver, you'll have to do more research online but I think they include ayslum, hardship, family or a no objection letter from your home country.

        You may have to do more research online. Is there anyone else in a similiar situation or more knowledgeable in this area?

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        • #5
          when someone is granted a J1, this means that (normally) they told the embassy that they were going to return to country ___ to live up to the 2 year rule, etc. This was the promise inherent in the granting of this type of visa.
          The individual is supposed to give his/her country the benefit of their experience, etc before going on to another status or green card. Those who do not want to fulfill this obligation are saying---?

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          • #6
            The Ji waiver is to be obtainined from your home country, not the US. A letter from the appropriate authorites from your home country stating that they waive the 2 year requirement will then allow you to change visa types.

            The 2 year return is for the HOME country benefit and not the US. "Someone" doesnt know that s/he is talking about.

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            • #7
              the reason I left the space after the word "country" blank was to indicate the unmentioned country that this person was from. I know perfectly well what the 212e rule is and how it applies. It is the country of residence of the J1 holder that is supposed to benefit from the J1 holder's experience (as I wrote).
              Furthermore, what TWO non immigrant visa categories can a J1 holder, subject to 212e, change to without a waiver? (I know the answer - do you?) Let's see if you know what YOU are talking about......................

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              • #8
                the answer is "F" and "O" - that's right, "F" and "O"

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                • #9
                  Someone: if you this why are you not letting us know more information instead of trying to put everyone down? are you saying one can goto college and get the F1 visa w/out the waiver? does one have to get the waiver eventually to change from F1 to H1? if anyone knows I would appreciate if you could share your knowledge.

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                  • #10
                    well, I was told that I know nothing about this subject, yet the person who said that could not answer my question correctly.
                    Yes, it is a little known fact that a J1 holder, subject to 212e, can indeed change to F1 status - but not to H1 nor gc without an approved waiver. NOr can one go from J1>F1>H1 without a waiver.
                    all one has to do is read the INA - the Immigration & Nationality Act - admittedly it is a bit dry (really dry!) but the answers are there.

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                    • #11
                      and how was I putting anyone down? I asked a question of the original poster (actually several) that have gone unaswered and instead, I received only a slight amount of verbal abuse from at least one person who misinterpreted what I had written and who doesn't seem to really know anything about our immigration laws.

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                      • #12
                        Thank you all for your answers. Someone, it seems like you know a lot about this type of visa. You gave me a very important piece of information. Thanks.

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                        • #13
                          J1 visa holders are automatically stamped with "212(e) subject to two year home country requirement" since most of the J1 visa holders are sponsored by governments of either country. However, there are government entities who can sponsor people on J1 without the financial sponsorship. This is where the rules change. J1 visa holders are subject to the 2 year home country requirement if the funds came from either country. If the J1 visa holder used his own fund to come and stay in the US using his own funds, then the 212(e) does not apply.

                          If a J1 visa holder was sponsored in paper only (no money involved from either country)you have to contact the waiver comittee in DC, file your case and get a letter from an officer saying that you are not subject to 212(e). I advise a reputable attorney to facilitate this matter, since some officers and consul personel are not aware of the clause.

                          If the J1 visa holder accepted funds from either country (host and origin), you have to get a letter from the origin country stating that they dont need you to return, before you can chnge status. People can do this out of their own efforts, but since you are dealing with a huge government bureaucratic entity, a lawyer can give you peace of mind. Just be careful because there are alot of lawyers out there who doesnt know anything about immigration but wants to soak their pockets on an unsuspecting immigrant.

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