J1 and waivers
Feb 21st 2006, 2:25 pm
#1
Guest
Posts: n/a
J1 and waivers
Hi everybody,
Again a technical question about J1 visas, waivers, etc...
I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
accumulated maybe 15 months of out of the country time, while I was on
a F1 visa. At this time, I have some 9 months left of the 2year HRR.
Starting this summer, I have a choice of leaving the country for 9
months, or getting another J1 visa from my university as a visiting
professor (which I would prefer, since my spouse lives and works here
in the US). This would not have the Fulbright requirements, but I
gather that 212(e) still applies, since the job is on the job list from
Dept of State.
What would be the net effect on the 2year HRR?
1. I still have to do the balance of 9 months from the old J1 visa
2. The new J1 visa will come with a new 2year HRR (for which I believe
the No contest would work, since there is no government money).
3. Will I need to apply for a new waiver for the new visa, and the old
requirement is forgotten, or do I need to apply for a waiver for the
new visa and still do the remaining 9 months from the old J1 visa?
4. or do I "lose" the 15 months of out of the country accumulated up to
now for the old J1 visa and a new 2 year would kick in?
Please help, this is rather confusing.
As always, thanks for your good advice.
Cheers,
Florin
Again a technical question about J1 visas, waivers, etc...
I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
accumulated maybe 15 months of out of the country time, while I was on
a F1 visa. At this time, I have some 9 months left of the 2year HRR.
Starting this summer, I have a choice of leaving the country for 9
months, or getting another J1 visa from my university as a visiting
professor (which I would prefer, since my spouse lives and works here
in the US). This would not have the Fulbright requirements, but I
gather that 212(e) still applies, since the job is on the job list from
Dept of State.
What would be the net effect on the 2year HRR?
1. I still have to do the balance of 9 months from the old J1 visa
2. The new J1 visa will come with a new 2year HRR (for which I believe
the No contest would work, since there is no government money).
3. Will I need to apply for a new waiver for the new visa, and the old
requirement is forgotten, or do I need to apply for a waiver for the
new visa and still do the remaining 9 months from the old J1 visa?
4. or do I "lose" the 15 months of out of the country accumulated up to
now for the old J1 visa and a new 2 year would kick in?
Please help, this is rather confusing.
As always, thanks for your good advice.
Cheers,
Florin
Feb 21st 2006, 2:53 pm
#2
Guest
Posts: n/a
Re: J1 and waivers
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
florin wrote:
> Hi everybody,
>
> Again a technical question about J1 visas, waivers, etc...
>
> I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
> accumulated maybe 15 months of out of the country time, while I was on
> a F1 visa. At this time, I have some 9 months left of the 2year HRR.
>
> Starting this summer, I have a choice of leaving the country for 9
> months, or getting another J1 visa from my university as a visiting
> professor (which I would prefer, since my spouse lives and works here
> in the US). This would not have the Fulbright requirements, but I
> gather that 212(e) still applies, since the job is on the job list from
> Dept of State.
>
> What would be the net effect on the 2year HRR?
>
> 1. I still have to do the balance of 9 months from the old J1 visa
Yes - but as far as I know, you can do that concurrently with the new
HRR, so the total would only be two years.
> 2. The new J1 visa will come with a new 2year HRR (for which I believe
> the No contest would work, since there is no government money).
> 3. Will I need to apply for a new waiver for the new visa, and the old
> requirement is forgotten, or do I need to apply for a waiver for the
> new visa and still do the remaining 9 months from the old J1 visa?
If you get the new HRR waived, the old one would still survive.
> 4. or do I "lose" the 15 months of out of the country accumulated up to
> now for the old J1 visa and a new 2 year would kick in?
If you don't get the new one waived, you have to remain in your home
country for two years. So in that case, you would indeed "lose" the 15
months in a sense. The more meaningful way of looking at it is that the
missing nine months are fulfilled concurrently with the 2 years.
> Please help, this is rather confusing.
>
> As always, thanks for your good advice.
>
> Cheers,
>
> Florin
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Hash: SHA1
florin wrote:
> Hi everybody,
>
> Again a technical question about J1 visas, waivers, etc...
>
> I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
> accumulated maybe 15 months of out of the country time, while I was on
> a F1 visa. At this time, I have some 9 months left of the 2year HRR.
>
> Starting this summer, I have a choice of leaving the country for 9
> months, or getting another J1 visa from my university as a visiting
> professor (which I would prefer, since my spouse lives and works here
> in the US). This would not have the Fulbright requirements, but I
> gather that 212(e) still applies, since the job is on the job list from
> Dept of State.
>
> What would be the net effect on the 2year HRR?
>
> 1. I still have to do the balance of 9 months from the old J1 visa
Yes - but as far as I know, you can do that concurrently with the new
HRR, so the total would only be two years.
> 2. The new J1 visa will come with a new 2year HRR (for which I believe
> the No contest would work, since there is no government money).
> 3. Will I need to apply for a new waiver for the new visa, and the old
> requirement is forgotten, or do I need to apply for a waiver for the
> new visa and still do the remaining 9 months from the old J1 visa?
If you get the new HRR waived, the old one would still survive.
> 4. or do I "lose" the 15 months of out of the country accumulated up to
> now for the old J1 visa and a new 2 year would kick in?
If you don't get the new one waived, you have to remain in your home
country for two years. So in that case, you would indeed "lose" the 15
months in a sense. The more meaningful way of looking at it is that the
missing nine months are fulfilled concurrently with the 2 years.
> Please help, this is rather confusing.
>
> As always, thanks for your good advice.
>
> Cheers,
>
> Florin
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
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Feb 21st 2006, 5:15 pm
#3
Guest
Posts: n/a
Re: J1 and waivers
Thanks guys,
a follow-up:
it seems kinda scarry to get bogged down by a new J1 visa when the old
2year HRR is not fulfilled. My question: for this new J1 visa,
university sponsored and no objection from the home government, if I
apply for the new waiver on NO OBJECTION grounds, is the approval
guaranteed, or there is still a degree of uncertainty? Could Dept of
State get upset that I had a previous J1? Botomline, if I go with a new
J1 visa, can I be certain that the waiver is guaranteed, cause I
certainly don't want to be left with a fresh new 2 year requirement.
Would then be better to finish my old 2year HRR now, regardless of
present personal hardships that would incur? Or is it safe enough to
get another J1 visa for a couple of years, finish up the old 2year HRR
in the meantime and then be almost certain to get a NO waiver for the
new J1?
Sorry for the confusing situation.
Thanks,
Florin
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> florin wrote:
> > Hi everybody,
> >
> > Again a technical question about J1 visas, waivers, etc...
> >
> > I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
> > accumulated maybe 15 months of out of the country time, while I was on
> > a F1 visa. At this time, I have some 9 months left of the 2year HRR.
> >
> > Starting this summer, I have a choice of leaving the country for 9
> > months, or getting another J1 visa from my university as a visiting
> > professor (which I would prefer, since my spouse lives and works here
> > in the US). This would not have the Fulbright requirements, but I
> > gather that 212(e) still applies, since the job is on the job list from
> > Dept of State.
> >
> > What would be the net effect on the 2year HRR?
> >
> > 1. I still have to do the balance of 9 months from the old J1 visa
> Yes - but as far as I know, you can do that concurrently with the new
> HRR, so the total would only be two years.
> > 2. The new J1 visa will come with a new 2year HRR (for which I believe
> > the No contest would work, since there is no government money).
> >
> > 3. Will I need to apply for a new waiver for the new visa, and the old
> > requirement is forgotten, or do I need to apply for a waiver for the
> > new visa and still do the remaining 9 months from the old J1 visa?
> If you get the new HRR waived, the old one would still survive.
> > 4. or do I "lose" the 15 months of out of the country accumulated up to
> > now for the old J1 visa and a new 2 year would kick in?
> If you don't get the new one waived, you have to remain in your home
> country for two years. So in that case, you would indeed "lose" the 15
> months in a sense. The more meaningful way of looking at it is that the
> missing nine months are fulfilled concurrently with the 2 years.
> > Please help, this is rather confusing.
> >
> > As always, thanks for your good advice.
> >
> > Cheers,
> >
> > Florin
> >
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
> NOTICE: Due to Presidential Executive Orders, the National Security
> Agency may have read this email without warning, warrant, or notice.
> They may do this without any judicial or legislative oversight. You
> have no recourse nor protection save to call for the impeachment of
> the current President.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFD+zdm2STeoAchQDkRAqiUAJ0fb0y5SeYemd1YkpwvyS fj369UZgCeJfVa
> 6CkhXNOJcdkn9OomdpE/4C8=
> =KXGl
> -----END PGP SIGNATURE-----
a follow-up:
it seems kinda scarry to get bogged down by a new J1 visa when the old
2year HRR is not fulfilled. My question: for this new J1 visa,
university sponsored and no objection from the home government, if I
apply for the new waiver on NO OBJECTION grounds, is the approval
guaranteed, or there is still a degree of uncertainty? Could Dept of
State get upset that I had a previous J1? Botomline, if I go with a new
J1 visa, can I be certain that the waiver is guaranteed, cause I
certainly don't want to be left with a fresh new 2 year requirement.
Would then be better to finish my old 2year HRR now, regardless of
present personal hardships that would incur? Or is it safe enough to
get another J1 visa for a couple of years, finish up the old 2year HRR
in the meantime and then be almost certain to get a NO waiver for the
new J1?
Sorry for the confusing situation.
Thanks,
Florin
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> florin wrote:
> > Hi everybody,
> >
> > Again a technical question about J1 visas, waivers, etc...
> >
> > I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
> > accumulated maybe 15 months of out of the country time, while I was on
> > a F1 visa. At this time, I have some 9 months left of the 2year HRR.
> >
> > Starting this summer, I have a choice of leaving the country for 9
> > months, or getting another J1 visa from my university as a visiting
> > professor (which I would prefer, since my spouse lives and works here
> > in the US). This would not have the Fulbright requirements, but I
> > gather that 212(e) still applies, since the job is on the job list from
> > Dept of State.
> >
> > What would be the net effect on the 2year HRR?
> >
> > 1. I still have to do the balance of 9 months from the old J1 visa
> Yes - but as far as I know, you can do that concurrently with the new
> HRR, so the total would only be two years.
> > 2. The new J1 visa will come with a new 2year HRR (for which I believe
> > the No contest would work, since there is no government money).
> >
> > 3. Will I need to apply for a new waiver for the new visa, and the old
> > requirement is forgotten, or do I need to apply for a waiver for the
> > new visa and still do the remaining 9 months from the old J1 visa?
> If you get the new HRR waived, the old one would still survive.
> > 4. or do I "lose" the 15 months of out of the country accumulated up to
> > now for the old J1 visa and a new 2 year would kick in?
> If you don't get the new one waived, you have to remain in your home
> country for two years. So in that case, you would indeed "lose" the 15
> months in a sense. The more meaningful way of looking at it is that the
> missing nine months are fulfilled concurrently with the 2 years.
> > Please help, this is rather confusing.
> >
> > As always, thanks for your good advice.
> >
> > Cheers,
> >
> > Florin
> >
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
> NOTICE: Due to Presidential Executive Orders, the National Security
> Agency may have read this email without warning, warrant, or notice.
> They may do this without any judicial or legislative oversight. You
> have no recourse nor protection save to call for the impeachment of
> the current President.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFD+zdm2STeoAchQDkRAqiUAJ0fb0y5SeYemd1YkpwvyS fj369UZgCeJfVa
> 6CkhXNOJcdkn9OomdpE/4C8=
> =KXGl
> -----END PGP SIGNATURE-----
Feb 22nd 2006, 8:41 am
#4
Guest
Posts: n/a
Re: J1 and waivers
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
florin wrote:
> Thanks guys,
>
> a follow-up:
>
> it seems kinda scarry to get bogged down by a new J1 visa when the old
> 2year HRR is not fulfilled.
It doesn't really matter if the old one is fulfilled or not.
> My question: for this new J1 visa,
> university sponsored and no objection from the home government, if I
> apply for the new waiver on NO OBJECTION grounds, is the approval
> guaranteed, or there is still a degree of uncertainty?
If approval was guaranteed, there would be no need for even having to
apply. I don't know what the success rate is, though.
> Could Dept of State get upset that I had a previous J1?
No.
> Botomline, if I go with a new
> J1 visa, can I be certain that the waiver is guaranteed, cause I
> certainly don't want to be left with a fresh new 2 year requirement.
You may want to consult with an attorney experienced with J-1 cases.
> Would then be better to finish my old 2year HRR now, regardless of
> present personal hardships that would incur?
If you are going to incur a new HRR anyway, I don't see the point...
> Or is it safe enough to
> get another J1 visa for a couple of years, finish up the old 2year HRR
> in the meantime and then be almost certain to get a NO waiver for the
> new J1?
I don't think you can "finish up" the old HRR while you already have a
new one. Also keep in mind that it is a home *residency* requirement.
You can travel to the USA for short innocent trips, such as vacations or
business trips, but you can't spend most of your time in the USA and
only spend a little time occasionally in your home country. By nature, a
J-1 basically resides in the USA for the duration of the program, so
even if you spend some vacations in your home country, it probably won't
count towards the HRR.
> Sorry for the confusing situation.
>
> Thanks,
>
> Florin
>
> Kevin Keane (see Web site for email) wrote:
> florin wrote:
>>>> Hi everybody,
>>>> Again a technical question about J1 visas, waivers, etc...
>>>> I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
>>>> accumulated maybe 15 months of out of the country time, while I was on
>>>> a F1 visa. At this time, I have some 9 months left of the 2year HRR.
>>>> Starting this summer, I have a choice of leaving the country for 9
>>>> months, or getting another J1 visa from my university as a visiting
>>>> professor (which I would prefer, since my spouse lives and works here
>>>> in the US). This would not have the Fulbright requirements, but I
>>>> gather that 212(e) still applies, since the job is on the job list from
>>>> Dept of State.
>>>> What would be the net effect on the 2year HRR?
>>>> 1. I still have to do the balance of 9 months from the old J1 visa
> Yes - but as far as I know, you can do that concurrently with the new
> HRR, so the total would only be two years.
>
>>>> 2. The new J1 visa will come with a new 2year HRR (for which I believe
>>>> the No contest would work, since there is no government money).
>>>> 3. Will I need to apply for a new waiver for the new visa, and the old
>>>> requirement is forgotten, or do I need to apply for a waiver for the
>>>> new visa and still do the remaining 9 months from the old J1 visa?
> If you get the new HRR waived, the old one would still survive.
>
>>>> 4. or do I "lose" the 15 months of out of the country accumulated up to
>>>> now for the old J1 visa and a new 2 year would kick in?
> If you don't get the new one waived, you have to remain in your home
> country for two years. So in that case, you would indeed "lose" the 15
> months in a sense. The more meaningful way of looking at it is that the
> missing nine months are fulfilled concurrently with the 2 years.
>
>>>> Please help, this is rather confusing.
>>>> As always, thanks for your good advice.
>>>> Cheers,
>>>> Florin
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
-----BEGIN PGP SIGNATURE-----
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Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
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Hash: SHA1
florin wrote:
> Thanks guys,
>
> a follow-up:
>
> it seems kinda scarry to get bogged down by a new J1 visa when the old
> 2year HRR is not fulfilled.
It doesn't really matter if the old one is fulfilled or not.
> My question: for this new J1 visa,
> university sponsored and no objection from the home government, if I
> apply for the new waiver on NO OBJECTION grounds, is the approval
> guaranteed, or there is still a degree of uncertainty?
If approval was guaranteed, there would be no need for even having to
apply. I don't know what the success rate is, though.
> Could Dept of State get upset that I had a previous J1?
No.
> Botomline, if I go with a new
> J1 visa, can I be certain that the waiver is guaranteed, cause I
> certainly don't want to be left with a fresh new 2 year requirement.
You may want to consult with an attorney experienced with J-1 cases.
> Would then be better to finish my old 2year HRR now, regardless of
> present personal hardships that would incur?
If you are going to incur a new HRR anyway, I don't see the point...
> Or is it safe enough to
> get another J1 visa for a couple of years, finish up the old 2year HRR
> in the meantime and then be almost certain to get a NO waiver for the
> new J1?
I don't think you can "finish up" the old HRR while you already have a
new one. Also keep in mind that it is a home *residency* requirement.
You can travel to the USA for short innocent trips, such as vacations or
business trips, but you can't spend most of your time in the USA and
only spend a little time occasionally in your home country. By nature, a
J-1 basically resides in the USA for the duration of the program, so
even if you spend some vacations in your home country, it probably won't
count towards the HRR.
> Sorry for the confusing situation.
>
> Thanks,
>
> Florin
>
> Kevin Keane (see Web site for email) wrote:
> florin wrote:
>>>> Hi everybody,
>>>> Again a technical question about J1 visas, waivers, etc...
>>>> I had a Fulbright J1 visa some 8 years ago. In the meantime, I have
>>>> accumulated maybe 15 months of out of the country time, while I was on
>>>> a F1 visa. At this time, I have some 9 months left of the 2year HRR.
>>>> Starting this summer, I have a choice of leaving the country for 9
>>>> months, or getting another J1 visa from my university as a visiting
>>>> professor (which I would prefer, since my spouse lives and works here
>>>> in the US). This would not have the Fulbright requirements, but I
>>>> gather that 212(e) still applies, since the job is on the job list from
>>>> Dept of State.
>>>> What would be the net effect on the 2year HRR?
>>>> 1. I still have to do the balance of 9 months from the old J1 visa
> Yes - but as far as I know, you can do that concurrently with the new
> HRR, so the total would only be two years.
>
>>>> 2. The new J1 visa will come with a new 2year HRR (for which I believe
>>>> the No contest would work, since there is no government money).
>>>> 3. Will I need to apply for a new waiver for the new visa, and the old
>>>> requirement is forgotten, or do I need to apply for a waiver for the
>>>> new visa and still do the remaining 9 months from the old J1 visa?
> If you get the new HRR waived, the old one would still survive.
>
>>>> 4. or do I "lose" the 15 months of out of the country accumulated up to
>>>> now for the old J1 visa and a new 2 year would kick in?
> If you don't get the new one waived, you have to remain in your home
> country for two years. So in that case, you would indeed "lose" the 15
> months in a sense. The more meaningful way of looking at it is that the
> missing nine months are fulfilled concurrently with the 2 years.
>
>>>> Please help, this is rather confusing.
>>>> As always, thanks for your good advice.
>>>> Cheers,
>>>> Florin
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
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Feb 22nd 2006, 1:55 pm
#5
Guest
Posts: n/a
Re: J1 and waivers
Kevin Keane (see Web site for email) wrote:
> I don't think you can "finish up" the old HRR while you already have a
> new one. Also keep in mind that it is a home *residency* requirement.
> You can travel to the USA for short innocent trips, such as vacations or
> business trips, but you can't spend most of your time in the USA and
> only spend a little time occasionally in your home country. By nature, a
> J-1 basically resides in the USA for the duration of the program, so
> even if you spend some vacations in your home country, it probably won't
> count towards the HRR.
Kevin,
the point you raise is troubling: my reading of 212(e) was that the
requirement is :an aggregate of 2 years in your native countru or last
country of residence". This seems to imply that the 2 years can be made
out of pieces (such as summer vacation times), and the size of these
chunks is really not specified. Moreover, since my family is in the
home country, I own my apartment there and I am still a citizen and
resident (from their point of view, ID, etc), I pay medical insurance
there, I was considering the summer trips taken over the last 8 years
(while on F1) to be not merely "vacations abroad", but rather "returns
to the country of permanent residence", and as such, to count towards
the 2year HRR from my old J1. Sure, there was no employment there, no
bills, etc, but this is not really a requiremet of 212(e). Guess the
question is wether the physical presence there is a form of residence
(since the authorities there still count you as a resident of their
country, temporary abroad).
If this addition of months is valid for the last 8 years under an F1, I
don't see why that couldn't go on for say another 3 years, under a new
J1. Sure, this refers to the old J1 requirement to be fulfilled, not
the fresh new one.
Now, if this entire logic doesn't hold water, I'm in more trouble that
I thought ( I hoped the 15 months of vacation accumulated over years
would count, and at worst I'll have to spend another 9 months abroad).
Are you saying I'll have to spend a full 2 years abroad to satisfy the
old HRR?
Thanks for taking you time with this,
Florin
> I don't think you can "finish up" the old HRR while you already have a
> new one. Also keep in mind that it is a home *residency* requirement.
> You can travel to the USA for short innocent trips, such as vacations or
> business trips, but you can't spend most of your time in the USA and
> only spend a little time occasionally in your home country. By nature, a
> J-1 basically resides in the USA for the duration of the program, so
> even if you spend some vacations in your home country, it probably won't
> count towards the HRR.
Kevin,
the point you raise is troubling: my reading of 212(e) was that the
requirement is :an aggregate of 2 years in your native countru or last
country of residence". This seems to imply that the 2 years can be made
out of pieces (such as summer vacation times), and the size of these
chunks is really not specified. Moreover, since my family is in the
home country, I own my apartment there and I am still a citizen and
resident (from their point of view, ID, etc), I pay medical insurance
there, I was considering the summer trips taken over the last 8 years
(while on F1) to be not merely "vacations abroad", but rather "returns
to the country of permanent residence", and as such, to count towards
the 2year HRR from my old J1. Sure, there was no employment there, no
bills, etc, but this is not really a requiremet of 212(e). Guess the
question is wether the physical presence there is a form of residence
(since the authorities there still count you as a resident of their
country, temporary abroad).
If this addition of months is valid for the last 8 years under an F1, I
don't see why that couldn't go on for say another 3 years, under a new
J1. Sure, this refers to the old J1 requirement to be fulfilled, not
the fresh new one.
Now, if this entire logic doesn't hold water, I'm in more trouble that
I thought ( I hoped the 15 months of vacation accumulated over years
would count, and at worst I'll have to spend another 9 months abroad).
Are you saying I'll have to spend a full 2 years abroad to satisfy the
old HRR?
Thanks for taking you time with this,
Florin
Feb 23rd 2006, 6:49 am
#6
Guest
Posts: n/a
Re: J1 and waivers
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florin wrote:
> Kevin Keane (see Web site for email) wrote:
>> I don't think you can "finish up" the old HRR while you already have a
>> new one. Also keep in mind that it is a home *residency* requirement.
>> You can travel to the USA for short innocent trips, such as vacations or
>> business trips, but you can't spend most of your time in the USA and
>> only spend a little time occasionally in your home country. By nature, a
>> J-1 basically resides in the USA for the duration of the program, so
>> even if you spend some vacations in your home country, it probably won't
>> count towards the HRR.
> Kevin,
>
> the point you raise is troubling: my reading of 212(e) was that the
> requirement is :an aggregate of 2 years in your native countru or last
> country of residence". This seems to imply that the 2 years can be made
> out of pieces (such as summer vacation times), and the size of these
> chunks is really not specified.
You may need to ask an expert on J-1s about this; there is a very good
chance that I was mistaken.
> If this addition of months is valid for the last 8 years under an F1, I
> don't see why that couldn't go on for say another 3 years, under a new
> J1. Sure, this refers to the old J1 requirement to be fulfilled, not
> the fresh new one.
> Now, if this entire logic doesn't hold water, I'm in more trouble that
> I thought ( I hoped the 15 months of vacation accumulated over years
> would count, and at worst I'll have to spend another 9 months abroad).
> Are you saying I'll have to spend a full 2 years abroad to satisfy the
> old HRR?
Well, if you incur a new HRR, then it doesn't matter because you'd have
to fulfill the new HRR - and that would automatically also fulfill the
old one.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Hash: SHA1
florin wrote:
> Kevin Keane (see Web site for email) wrote:
>> I don't think you can "finish up" the old HRR while you already have a
>> new one. Also keep in mind that it is a home *residency* requirement.
>> You can travel to the USA for short innocent trips, such as vacations or
>> business trips, but you can't spend most of your time in the USA and
>> only spend a little time occasionally in your home country. By nature, a
>> J-1 basically resides in the USA for the duration of the program, so
>> even if you spend some vacations in your home country, it probably won't
>> count towards the HRR.
> Kevin,
>
> the point you raise is troubling: my reading of 212(e) was that the
> requirement is :an aggregate of 2 years in your native countru or last
> country of residence". This seems to imply that the 2 years can be made
> out of pieces (such as summer vacation times), and the size of these
> chunks is really not specified.
You may need to ask an expert on J-1s about this; there is a very good
chance that I was mistaken.
> If this addition of months is valid for the last 8 years under an F1, I
> don't see why that couldn't go on for say another 3 years, under a new
> J1. Sure, this refers to the old J1 requirement to be fulfilled, not
> the fresh new one.
> Now, if this entire logic doesn't hold water, I'm in more trouble that
> I thought ( I hoped the 15 months of vacation accumulated over years
> would count, and at worst I'll have to spend another 9 months abroad).
> Are you saying I'll have to spend a full 2 years abroad to satisfy the
> old HRR?
Well, if you incur a new HRR, then it doesn't matter because you'd have
to fulfill the new HRR - and that would automatically also fulfill the
old one.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
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