J-1 Visa

Guestbook Entry for Garima Dutta , United States

Name: 
Garima Dutta
Nonimmigrant Visas: 
State: 
VA
Immigration.com: 
Country: 
United States
Comment: 

I was referred to Mr Khanna by a friend. I wanted some information on the J-1 visa waiver process. Mr Khanna was extremely gracious to reply to my email over the weekend and instantly asked his secretary to schedule an information call. It was a pleasure to speak with Mr Khanna. His depth of knowledge on the subject was very impressive. He was very patient in answering all my queries to my satisfaction. I am extremely grateful to Mr Khanna for providing me the legal guidance that I needed and putting my mind at ease. I will refer Mr Khanna to anyone who seeks a highly experienced and compassionate Immigration Attorney who actually cares for his clients.

Memorandum: Employment Eligibility for Derivatives of Conrad State 30 Program Physicians

USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.

Profession/Occupation: 
Agency: 

Regarding J-1 HRR Waiver

Rajiv's Response:

Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:

1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and

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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Exhibiting Immigrant Intent

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.

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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Change in J-1 Status

Two concerns:

1. Your J-1 visa must not be subject to the two-year HRR; and

2) You must not have had a pre-conceived intention to get married when you entered the USA.

Both are serious issues. Consult a lawyer please.

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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Changing from J-1 to O-1

You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.

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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Starting a Business on J-2 Visa

Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”

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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Two-Year Home Residency Requirement

In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.

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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