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J-1 to H-1 transfer for European physician

J-1 to H-1 transfer for European physician

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Old Jan 29th 2005, 11:40 am
  #1  
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Default J-1 to H-1 transfer for European physician

Does anyone know of previous cases where a European physician on a J-1 visa returned back to Europe after training in the U.S., but not to his own country - let's say he returned to Spain but has French citizenship - and then was able to obtain a job on an H-1 visa without a J-1 waiver after living for more than 2 years in Europe?

Or with other words: are there cases where the E.U. qualified as the "country of last residence" in this scenario? I would appreciate any help or suggestions.
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Old Jan 31st 2005, 12:38 pm
  #2  
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Default Re: J-1 to H-1 transfer for European physician

Don't know the anser but I have the same question.
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Old Feb 1st 2005, 6:16 pm
  #3  
Sylvia Ottemoeller
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Default Re: J-1 to H-1 transfer for European physician

"oviele" <member35322@british_expats.com> wrote in message
news:[email protected] m...

    > Does anyone know of previous cases where a European physician on a J-1
    > visa returned back to Europe after training in the U.S., but not to his
    > own country - let's say he returned to Spain but has French citizenship
    > - and then was able to obtain a job on an H-1 visa without a J-1 waiver
    > after living for more than 2 years in Europe?
    > Or with other words: are there cases where the E.U. qualified as the
    > "country of last residence" in this scenario? I would appreciate any
    > help or suggestions.

The E.U. is not a country. The law and regulations clearly require that the
individual must "reside and be physically present in the country of
nationality or last legal permanent residence for an aggregate of at least
two years following departure from the United States ..."

See 22 CFR section 62.2, available through
http://cfr.law.cornell.edu/cfr/cfr.p...=part&value=62.
 

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