J visas' residency requirements

[brs2000 0]

I spent two years in US from 2005 to 2007 under J-1 visa status and my wife with a J-2. Now, my wife is going to start her MBA, beginning from fall 2008. Therefore, this time she is going to have a J-1 and myself a J-2 as a dependent. Our concern is whether the two-year Foreign Residence Requirement for J visas would create any problem in our visa applications. I would be grateful if you provide any advice on this matter.

[LadyJane 1]

I'm not sure how the 2 year residency requirement works when applying for another J visa. I do know that it does apply if someone wanted to return to the US on another work visa (ie H1B).

You may want to try:

1. Contacting the international office at the university where your wife is attending. They should know alot about J visas, especially if it is a research university and they have lots of post-doctoral research fellows from outside the US.

2. Google "national interest waiver" and see if it applies to you. If applicable, it means you can request that the 2 year residency requirement be waived.

Here is a website for some background information:

http://www.visaus[dot]com/niw.html

Good luck!

[payxibka 10,045]

I think unless you have fulfilled the 2yr HRR, you are ineligible to receive a visa of any kind. However, your facts and circumstances are unique so ask the the consulate may be the best course of action.

[meez 0]

I think unless you have fulfilled the 2yr HRR, you are ineligible to receive a visa of any kind. However, your facts and circumstances are unique so ask the the consulate may be the best course of action.

I'm pretty sure you have to leave for two years before you can get another visa, but check at the univ.

[crs 0]

You can apply for a waiver on the basis of 5 different grounds. If you do not get a waiver with one of them, you can try a different one (although usually only one or two might apply to your case). You may look it up here http://travel.state.gov/visa/temp/info/info_1288.html , the application is filed online and then mailed out. It takes 2 months to a year depending on the type of ground you use for applying!

[Evgeniya 3]

I have been in this situation myself. I had a J-1 visa with 2 year home requirement between 2003-2004 When I got accepted to the University in August 2004 I just applied for a new J-1 visa without a two year home requirement. IT IS UP TO A VISA CONCUL TO DECIDE TO GIVE AND NOT TO GIVE YOU A NEW VISA. In my case I was given one and went to the USA to get a Master's degree in 2004 and graduated in 2006 and came back to my home country to start my 2 year home requirement. When I got a new J-1 visa they put a stamp on my old one that said - "Canceled without prejudice" and put a line on my new J-1 that "2 year home requirement still remains from the previouse visa"

So YES YOU CAN APPLY FOR A NEW J-1 VISA