J1 Visa Travel Issues When the Two Year Rule Applies

Hi sir,

I am from Saudi Arabia, i have J-1 Visa for me & J-2 for my family, (scanned copy attached) 

We are now in USA, my DS-2019 will expire on 08-31-2010 & our J Visa on 09-30-2010.

In our Visa written, INA SEC 212E – TOW YEAR RULE – APPLIES.

I understand that I cannot re-enter USA with another J Visa less than 2 years.

By next September 2010 I have admission to postgraduate program (3 years) in another dental school and I will get I-20.

I plane to go to my country (Saudi Arabia) on July 2010 for one month and I will be back before expiration date of J-1 visa

to finish my scholar program, then to start my new postgraduate program on Sep,

My question, should I apply to F-1 visa during my one month vacation on SA, and is one month enough for the Visa processing, because they are strict on program start date

Or is it ok to re-enter USA with my valid J-1 Visa which expire in 09-30-2010

Would you please guide me in this issue?

Thank you,

The two year rule only restricts you from obtaining an H visa, L visa, a green card or changing/extending your status in the US. It does not prevent you from obtaining a new J1 or F1 at the Embassy nor does It prevent you from entering the country in J1 status.

J1 Visa holder Wishes to Change Status to J2 Visa

Me and my wife were hired to work in the US as teachers for 3 years, each one with its own J1 Visa, however she was diagnosed with breast cancer 6 months later (march 2011) we have seen that we will have to stay to finish the threatment but my our salaries as teachers won`t be enough to survive, I want to quit my J1 visa and become her dependant with J2 visa and ask a work permit, so I search a work with my MBA and get more money to overcome this situation. Is this possible? Is it too risky? Are we allowed to do it? Can you help us? Please let me know and I deeply apprecciate your time

Yes, we can help you obtain J2 visa status or even apply for a work visa such as an H1B visa provided that you are not subject to the two year home residency requirement. It is not risky to change to J2 visa status and as a J2 visa holder you would be able to obtain an EAD which would authorize you to work for any US employer in any capacity.

J1 Visa – Change of Status

I had a F1 visa for 5 years, before it expired I obtained a J1 in another passport from my country because my mother institution required me so before starting the other program I am in now. I want to change my visa to F1 so I can change my status to a work visa or residency without leaving the States for 2 years. How can I get that?

If you are subject to the two year home residency requirement then you are barred from obtaining a change of status in the US. We will need to review your immigration documents in order to make that determination. If you are subject, then you will need to leave the US and apply for an F1 visa at an Embassy abroad.

From J1 visa to Green Card

I’d like to know if I can change my status in USA. I’ve a J1 visa and I’d like to have the pemanent one. What Can I do?

Unless you are subject to INA Section 212(E) and require a J1 waiver, you are eligible to apply for a green card through the normal immigrant categories which include all forms of family and employment based sponsorship.

Setting Up a J1 Program

How can an entity apply to become a J1 program sponsor?

Exchange Visitor Program sponsors are comprised of US government, academic, research, and private sector organizations designated as Exchange Visitor Program sponsors by the State Department’s Office of Private Sector Exchange in the Bureau of Educational and Cultural Affairs. Any person or organization that has previous experience in the field of international exchanges and meets certain financial requirements can become a J1 program sponsor

Change of Status Application Denied; How Long to Leave the Country

I was an Au Pair, so I came to US with a J1 Visa. After two years I decided to change my status.

I wanted to get the F1 Visa, but it was denied. They sent me a letter saying that I have 30 days to leave the country, but I’ve asked to a lawyer and he said I actually have 180 days to leave without violating the law. I am very confused and I need an ansewr soon.

The notice from immigration properly states how long you may legally remain in the US after your change of status application is denied. Any time spent in the US after that point is illegal and will have a negative impact on any future visa applications made at an Embassy abroad. The 180 day figure provided by another lawyer likely refers to the 3/10 year bar. Any foreign national who accrues 180 days of unlawful presence in the US is barred from re-entering the country, after leaving, for 3 years unless they can obtain a waiver of inadmissibility.

J1 Program Sponsor Eligibility

How can an entity apply to become a J-1 program sponsor?

In order to become a J1 program sponsor, an organization must file an application with the US Department of State to become certified. Once certified, they may issue Form DS-2019 and sponsor foreign nationals for J1 visas. For more information about how to become a J-1 program sponsor, please contact us at 305-515-0613 or email us at info@messersmithlaw.com

J2 Visa Holder Applying for a J1 Waiver

I have J1 visa and my spouse J2 visa. Our visa expires on July 6, 2010 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in August, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

A J2 visa holder is not eligible to directly apply for a J1 waiver except in certain limited circumstances. You may apply for a J1 waiver and include your husband in the application. We can process the J1 waiver while you are in the US or while you are outside of the US. However, since your husband’s J2 visa status is depending on your J1 visa status, we will need to process the J1 waiver before your program end date and then we can obtain a change of status from J2 to F1 so he can study English.