J Visa

State Dept. Notice on Exchange Visitor Program Fees & Charges

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]

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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 8163]

RIN 1400-AD28

Exchange Visitor Program--Fees and Charges

AGENCY: U.S. Department of State.

ACTION: Proposed rule with request for comment.

Agency: 
Nonimmigrant Visas: 

Immigrant Intent in Issuance of J Visas

I was in US from 2003 on F-1. I finished my Ph.D. here and changed to J-1 Status. I want to travel during 2012 summer, but need to go for J-1 Stamping. Do you think it will be a problem? Is there a chance that I might be stopped because of 214(b)?

Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Home Residency Requirement for Second Visa

I got a J-2 visa and my wife on J-1 recently in which we have never travelled to US yet. Now my employer is ready to apply a L-1B for me and my wife L-2. Is this possible? Or will I be subjected to 2 years home stay restriction which is applicable for J visa without travelling on J. Will it be a problem in US consulate when I appear for L-1 visa as me and my wife have J-2 and J-1?

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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WRD (Waiver Review Division) and Waiver Application Issues

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).

Agency: 
Nonimmigrant Visas: 

Canadian with J-2 visa

I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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J-1 extension beyond 5 years

My J-1 at Cornell Psychology Department expired on Aug 31 2011 after 5 years. Currently I'm spending my grace period. I'm exempt from the 2 years rule. I was wondering if it could be further extended. If not, would it be possible for my department to issue a new DS-2019 (J1) instead? I have only been working here for about a year and have been at a different university before.

Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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ICE Publishes Fact Sheet On Applying For Drivers License Or State Identification Card

ICE fact sheet provides information to designated School officials(DSOs) and responsible officers(ROs) in order to help F, M, or J nonimmigrant visa holders (including both primary and dependent status holders) obtain driver’s licenses or state identification cards.

Nonimmigrant Visas: 
Agency: 
Immigration Law : 

J-2 holders and work authorization

Can I use my J-2 visa for internship and work after completion of FPGEE?

J-2 holders can get work authorization and work as per the licensing requirements of their profession.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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J-1 Waiver Pending

I applied for my waiver in Aug 09 from the US and sent completed DS 3035 to the Waiver Review Div. in St. Louis, MO and Indian Embassy in DC. I returned to India in Sept 09.I have not had any updates since then. I would like to know (1) If I have missed any steps and if that is the reason why my waiver status remains unchanged (2) If I HAVE TO and can still apply for the NORI and obtain my waiver since I already have my case number and barcode (3) If I apply for the NORI from India, where do I send the Statement and Affidavit for attestation? (4)Are there any additional steps for waiver from India?

Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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