HRR Requirement

Old Feb 11th 2001, 3:26 pm
  #1  
LiveToFish
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According to http://travel.state.gov/visa%3Bexchange.html the J1 visa holder must be out
of US for two years before becoming eligible for immigrant or temp worker visa. My wife's
J1 program finished in 1995. At that point of time, I was on H1 visa and she immediately
received her H4. Since that point of time, she has been traveling to US and back in six
month intervals. Since we just applied for our GC, I have a couple of questions -

1. Does the HRR requirement to be interpreted as IMMEDIATE two years following J1 program
? Only then is she eligible to work/apply for perm residence in the US ? If so, we are
in deep doo-doo.

2. Or is it that two years can be cumulative up to the point where we are applying for her
permanent residency ? If this is the case, we easily complete the two year requirement.

Is there someone who can clarify how does the HRR work or will apply in our case?

WaitingForGC.
 
Old Feb 11th 2001, 5:08 pm
  #2  
Michael E. Piston
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The 2 years are indeed cumulative. However, note that 2 years must be spent in her country
of last residence (prior to entering the U.S. as a J-1) not merely outside the U.S.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098
248/680-0600

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration officials or
other attorneys may disagree. This is not legal advice and is provided on the
understanding that no attorney-client relationship is created or intended.

> According to http://travel.state.gov/visa%3Bexchange.html the J1 visa
holder
> must be out of US for two years before becoming eligible for immigrant or temp worker
> visa. My wife's J1 program finished in 1995. At that point of time, I was on H1 visa and
> she immediately received her H4. Since that
point
> of time, she has been traveling to US and back in six month intervals.
Since
> we just applied for our GC, I have a couple of questions -
>
> 1. Does the HRR requirement to be interpreted as IMMEDIATE two years following J1
> program ? Only then is she eligible to work/apply for perm residence in the US ? If
> so, we are in deep doo-doo.
>
> 2. Or is it that two years can be cumulative up to the point where we are applying for
> her permanent residency ? If this is the case, we easily complete the two year
> requirement.
>
>
> Is there someone who can clarify how does the HRR work or will apply in
our
> case?
>
> WaitingForGC.
 

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