I am J-1. Will be F-1. Would F-2 spouse be subject to 212(e)?

[Royalpalla 0]

Hello all,

 

1. As a Short-Term Scholar funded by my home government, I am not subject to the 12 and 24-month bar, but I am subject to the 212(e) section, the two-year home residency requirement;
2. I will apply for Ph.D. programs in U.S. which start usually in August/18. This means that I would not have the 212(e) requirement fulfilled;
3. However, Ph.D. programs are (usually) done on F-1 visas, meaning that there is no trouble for me to start a Ph.D. program;
4. I understand that I will still have the 212(e) requirement to fulfill. In a case where I get a job offer in U.S. after the completion of the Ph.D. program, I will have to apply for a Waiver before changing the F1 status to a immigrant visa status, am I correct? As long as I have the No-Objection letter from my home government, do any of you think I would have any trouble with regard to this requirement (i.e., the 212(e))?
5. Assume I get into a Ph.D. program. Suppose I bring a F-2 spouse. Would she be subject to 212(e) based on my previous J-1 visa? I did not bring any J-2 spouse here. I would like to know if bringing someone on other visa (in this case, F-2) would make her subject to 212(e). I don't think that makes sense, but I did not find this information anywhere.
6. I am able to get a No-Objection Letter. However, I intend to study in U.S. and there is no need to use the no-objection letter until I get a job offer. Can a J-1 Waiver be used even if I don't have a job offer? Or should I use it only when needed?
7. In number 5, I mentioned a hypothetical scenario where a F-2 spouse could be subject to 212(e) based on my previous J-1 visa. If this is true, then can the J-1 Waiver be used to overcome this?

 

Best Regards,

 

An Aspiring Academic

 

 

[Royalpalla 0]

Hello all,

 

1. As a Short-Term Scholar funded by my home government, I am not subject to the 12 and 24-month bar, but I am subject to the 212(e) section, the two-year home residency requirement;
2. I will apply for Ph.D. programs in U.S. which start usually in August/18. This means that I would not have the 212(e) requirement fulfilled;
3. However, Ph.D. programs are (usually) done on F-1 visas, meaning that there is no trouble for me to start a Ph.D. program;
4. I understand that I will still have the 212(e) requirement to fulfill. In a case where I get a job offer in U.S. after the completion of the Ph.D. program, I will have to apply for a Waiver before changing the F1 status to a immigrant visa status, am I correct? As long as I have the No-Objection letter from my home government, do any of you think I would have any trouble with regard to this requirement (i.e., the 212(e))?
5. Assume I get into a Ph.D. program. Suppose I bring a F-2 spouse. Would she be subject to 212(e) based on my previous J-1 visa? I did not bring any J-2 spouse here. I would like to know if bringing someone on other visa (in this case, F-2) would make her subject to 212(e). I don't think that makes sense, but I did not find this information anywhere.
6. I am able to get a No-Objection Letter. However, I intend to study in U.S. and there is no need to use the no-objection letter until I get a job offer. Can a J-1 Waiver be used even if I don't have a job offer? Or should I use it only when needed?
7. In number 5, I mentioned a hypothetical scenario where a F-2 spouse could be subject to 212(e) based on my previous J-1 visa. If this is true, then can the J-1 Waiver be used to overcome this?

 

Best Regards,

 

An Aspiring Academic

 

[milimelo 4,479]

~ Two identical topics merged after moving one topic from AOS from WST.~

 

Don't post topics more than once. 

 

To answer your question somewhat - cart before horse. Sort out F1 after you have completed J1. Same for H though you seem to presume you'd get sponsorship very easily. 

[Coco8 1,042]

On 6/15/2017 at 6:52 PM, Royalpalla said:

I understand that I will still have the 212(e) requirement to fulfill. In a case where I get a job offer in U.S. after the completion of the Ph.D. program, I will have to apply for a Waiver before changing the F1 status to a immigrant visa status, am I correct? As long as I have the No-Objection letter from my home government, do any of you think I would have any trouble with regard to this requirement (i.e., the 212(e))?

 

As I understand, you would have completed 1 year maybe before your F-1? You can accumulate time in your country while you are in your PhD. PhDs take +5 years because you do MA/PhD. Any time you go to visit your family for vacation counts towards your requirement. You can easily accumulate the time. You could talk to your advisor and even graduate 6 months later and spend 6 months in  your country to make up the time you have left. Save every boarding pass as proof that you were in your country. 

 

If you want to do the no objection, do it once you get the F-1 and are in school. Do it your first year. That way you will know whether you have to accumulate time or not. I would avoid doing it before because you don't want to explain why you filed for a waiver during your F-1 visa interview at the consulate.

 

On 6/15/2017 at 6:52 PM, Royalpalla said:

HAssume I get into a Ph.D. program. Suppose I bring a F-2 spouse. Would she be subject to 212(e) based on my previous J-1 visa? I did not bring any J-2 spouse here. I would like to know if bringing someone on other visa (in this case, F-2) would make her subject to 212(e). I don't think that makes sense, but I did not find this information anywhere.

 

No! Only the person with a J has the requirement (J1/J2). It is not a disease.

 

On 6/15/2017 at 6:52 PM, Royalpalla said:

I am able to get a No-Objection Letter. However, I intend to study in U.S. and there is no need to use the no-objection letter until I get a job offer. Can a J-1 Waiver be used even if I don't have a job offer? Or should I use it only when needed?

 

You do not need a job offer for the waiver. But as I said, you have the option of accumulating time in your country. The 2 years do not have to be consecutive. It is better to resolve this before you start thinking about jobs.

 

 

 

 

Edited June 18, 2017 by Coco8