benny

I need some help here regarding the J1 visa, especially from British citizens who are currently doing a postdoctoral fellowship in an American University or anyone who is familiar with this. Could you tell me if it's likely that British postdocs will get a J1 WITH the 2 year foreign residency requirement? Did you get that in your case? Is the type you get known when the institute send you the IAP form, or is it not known until you go to the embassy in London to get your visa stamp? Do some of you get H1B for your first postdoc job in USA? I would like to hear from as many of you as possible. Many thanks.

Vladimir Menkov

In article <[email protected]>,
benny <member21851@british_expats.com> wrote:
    >I need some help here regarding the J1 visa, especially from British
    >citizens who are currently doing a postdoctoral fellowship in an
    >American University or anyone who is familiar with this. Could you tell
    >me if it's likely that British postdocs will get a J1 WITH the 2 year
    >foreign residency requirement?

Very unlikely. There are two situations in which the FRR (or home
country residence requirement, HRR, as it used to be known) is
imposed:

1) The person studied or was trained in the USA in a particular
occupation, and that occupation is on the "Exchange Vistors Skill
List" for the person's home country. There is a link to the skill
list, arranged by country, at http://travel.state.gov/jvw.html

United Kingdom would appear in that list between UAE and Upper Volta,
but it does not, which means that skills list never applies to British
citizens. (Not is there England between El Salvador and Equatorial
Guinea, for that matter :-)

2) The exchange vistir participated in a program directly funded
by a US government (such as a Fulbright scholarship). This does
*not* apply to the case of an exchange visitor simply working on
a research project that is ultimately funded by the US Gov't via
e.g. NSF or DARPA.


    > Did you get that in your case? Is the
    >type you get known when the institute send you the IAP form, or is it
    >not known until you go to the embassy in London to get your visa stamp?

The IAP-66 form (or whatever it is called now) would normally
explicitly mention whether the HRR (a.k.a. 212(e) requirement)
applies. The International Services Office at the university that
invites you and issues that form should be tell in advance whether
such notation will appear and what it will say.

You can then double check that at the consulate; when in doubt, the
consular officer will get a skill list from his bookcase and look at
it together with you. (That happened to me in Halifax in 1998). The
visa sticker in your passport may also indicate whether the
requirement applies, but they don't always do it. (I suppose, if
the requirement applies, the notation is bound to be there on the
visa, but if it doesn't apply, then the note about it may or may not
be printed).

    >Do some of you get H1B for your first postdoc job in USA?

I suppose that may happen somewhere, but I am sure it's pretty rare,
as J visas are easier to obtain. I believe many schools would only
consider an H visa for a tenure track or similar position. Depends on
how much they need you, you may try to negaotiate, but that may or may
not work. (And of course the persons you negotiate with will likely be
scientists or academic administrators, and not the International
Center legal types, so they former will have to check with the latter
as to what's possible).


--Vladimir
(Penticton, B.C., Canada)

Khash

As a UK citizen, I did my postdoc on a J1 in states for 3.5 years
(1996-2000) and there was no 2 year home service for me and I am
confident this rule does not exist for UK scientific postdocs. This
can be found from your IAP-66 form. However, get advice from your
University's immigration experts. There are certain situations when a
1 year return is required. In any case, if you wish to settle down,
get rid of the J1 ASAP. Some postdocs get H1. However that all depends
on the specific univerity's policy and how persistent you get with
your mentor/university. Best of luck.


[email protected] (Vladimir Menkov) wrote in message news:<[email protected]>...
    > In article <[email protected]>,
    > benny <member21851@british_expats.com> wrote:
    > >
    > >I need some help here regarding the J1 visa, especially from British
    > >citizens who are currently doing a postdoctoral fellowship in an
    > >American University or anyone who is familiar with this. Could you tell
    > >me if it's likely that British postdocs will get a J1 WITH the 2 year
    > >foreign residency requirement?
    >
    > Very unlikely. There are two situations in which the FRR (or home
    > country residence requirement, HRR, as it used to be known) is
    > imposed:
    >
    > 1) The person studied or was trained in the USA in a particular
    > occupation, and that occupation is on the "Exchange Vistors Skill
    > List" for the person's home country. There is a link to the skill
    > list, arranged by country, at http://travel.state.gov/jvw.html
    >
    > United Kingdom would appear in that list between UAE and Upper Volta,
    > but it does not, which means that skills list never applies to British
    > citizens. (Not is there England between El Salvador and Equatorial
    > Guinea, for that matter :-)
    >
    > 2) The exchange vistir participated in a program directly funded
    > by a US government (such as a Fulbright scholarship). This does
    > *not* apply to the case of an exchange visitor simply working on
    > a research project that is ultimately funded by the US Gov't via
    > e.g. NSF or DARPA.
    >
    >
    > > Did you get that in your case? Is the
    > >type you get known when the institute send you the IAP form, or is it
    > >not known until you go to the embassy in London to get your visa stamp?
    >
    > The IAP-66 form (or whatever it is called now) would normally
    > explicitly mention whether the HRR (a.k.a. 212(e) requirement)
    > applies. The International Services Office at the university that
    > invites you and issues that form should be tell in advance whether
    > such notation will appear and what it will say.
    >
    > You can then double check that at the consulate; when in doubt, the
    > consular officer will get a skill list from his bookcase and look at
    > it together with you. (That happened to me in Halifax in 1998). The
    > visa sticker in your passport may also indicate whether the
    > requirement applies, but they don't always do it. (I suppose, if
    > the requirement applies, the notation is bound to be there on the
    > visa, but if it doesn't apply, then the note about it may or may not
    > be printed).
    >
    > >Do some of you get H1B for your first postdoc job in USA?
    >
    > I suppose that may happen somewhere, but I am sure it's pretty rare,
    > as J visas are easier to obtain. I believe many schools would only
    > consider an H visa for a tenure track or similar position. Depends on
    > how much they need you, you may try to negaotiate, but that may or may
    > not work. (And of course the persons you negotiate with will likely be
    > scientists or academic administrators, and not the International
    > Center legal types, so they former will have to check with the latter
    > as to what's possible).
    >
    >
    > --Vladimir
    > (Penticton, B.C., Canada)

Ingo Pakleppa - see web site for email

On Mon, 29 Mar 2004 12:20:07 -0800, Khash wrote:

    > As a UK citizen, I did my postdoc on a J1 in states for 3.5 years
    > (1996-2000) and there was no 2 year home service for me and I am
    > confident this rule does not exist for UK scientific postdocs.

I'm glad you added the qualifier "scientific", for there are some types of
J-1 where the HRR applies no matter what country you are from (medical, in
particular).

Also, if there is any government funding involved at all - whether from
your home country or from the US government, and whether it's substantial
or merely a subsidy of your travel expenses - the HRR will apply
regardless of your country of origin, and even for a scientific J-1.

    > This can be found from your IAP-66 form. However, get advice from your
    > University's immigration experts. There are certain situations when a 1
    > year return is required.

To my knowledge, there is no such situation for a J-1 (a one year return
can be required for an H-1B).

    > In any case, if you wish to settle down, get rid of the J1 ASAP.

Unfortunately, it doesn't make a difference when you get rid of a J-1.
Even if the J-1 was ten years ago, you still would need to fulfill the HRR
if you haven't lived in your home country yet. If you are already stuck
with the HRR, you might as well milk the J-1 for what it's worth.

    > Some postdocs get H1. However that all depends on the specific
    > univerity's policy and how persistent you get with your
    > mentor/university. Best of luck.

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