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- Newsgroups: alt.visa.us,alt.answers,news.answers
- Path: bloom-beacon.mit.edu!hookup!swrinde!cs.utexas.edu!uunet!widget!mahesh
- From: mahesh@evb.com (B.G. Mahesh)
- Subject: FAQ : alt.visa.us J Visa questions and answers (part 4 of 6)
- Message-ID: <CnJu5p.108@evb.com>
- Followup-To: alt.visa.us
- Summary: Frequently Asked questions for alt.visa.us (J Visa)
- Keywords: FAQ alt.visa.us J Visa question answers
- Reply-To: mahesh@evb.com
- Organization: EVB Software Engineering, Inc.
- Date: Thu, 31 Mar 1994 21:53:49 GMT
- Approved: news-answers-request@MIT.Edu
- Lines: 145
- X-Disclaimer: Any opinions expressed are strictly those of the
- poster and not necessarily those of EVB.
- Xref: bloom-beacon.mit.edu alt.visa.us:4303 alt.answers:2275 news.answers:17062
-
- Archive-name: us-visa-faq/part4
- Last-Modified: Jan 20, 1994
-
- Many FAQs, including this one, are available via FTP on the archive site
- rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
- faq is /pub/usenet/news.answers/us-visa-faq/part4. To get the FAQ by
- E-mail, you should send a message to mail-server@rtfm.mit.edu with
- send usenet/news.answers/us-visa-faq/part4
- in the body of the message.
-
- Please see part1 of this faq for standard disclaimers.
-
- Questions marked with a + indicate questions new to this issue;
- those with significant changes of content since the last issue
- are marked by *:
-
- J Visa
- ------
-
- [from Henning Schulzrinne, hgs@research.att.com]
- Note that not all J1 visa holders are subject to the two-year home
- residency (HRR) requirement. Examine your IAP-66 form (bottom left
- corner) and the visa stamp in your passport. You are generally
- subject to the HRR if you at any time accepted money from either your
- home government or (particularly) the US government or if you are on a
- special skills list (medical doctors in particular). The home
- residency requirement aims to protect the home government and the
- goals of the exchange agreement.
-
- If you changed schools, funding agencies, etc., you may have a
- checkmark that the requirement does not apply on your current visa
- stamp or IAP-66. However, "once subject to the HRR, always subject",
- i.e., thus, this does not help.
-
- Q: On what grounds can I get a waiver?
- A: 1) national interest: a government agency (NASA, NSA, CIA, ...)
- declares an interest in you and petitions the USIA to waive
- the HRR. Does not appear a good avenue unless you work for that
- agency or do security-related work.
-
- 2) extreme hardship to self or citizen spouse: Seems to imply that
- you or your spouse are on their deathbeds, with treatment only
- available in the United States. Mere career inconvenience to
- spouse, even if U.S. citizen, does not seem to matter. (After all,
- the spouse should have known about this before getting married...)
-
- 3) political persecution; residents of European countries might
- not want to pursue this. Residents of the PRC have a blanket
- waiver (Pelosi bill?).
-
- 4) NORI/no-objection: the home government issues a statement
- of no-objection; seems to be the common and successful approach
- for Indian citizens.
-
- Q: Does marriage to a US citizen help?
- A: No. If the US citizen was dumb enough to marry a J1 visa holder,
- her/his problem. (see 'extreme hardship' for unlikely exception).
- Next, please.
-
- Q: Who makes the waiver decision?
- A: USIA recommends to INS, which generally accepts recommendation,
- particularly negative ones.
-
- Q: What is USIA's address?
- [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
- A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by
- interested US agency (NIH, DHHS, DOE etc). Anyway, the address is
- (courtesy of our International Center):
-
- US Information Agency
- Office of the General Counsel
- Waiver Review Office
- Washington DC 20547
- Phone (202)-475-2385
-
- Q: What's a NORI?
- A: "No obligation to return"; also known as a "no-objection"
- statement. Issued by the home government, usually through their
- consulate. Issued routinely by most European countries, but
- may not help a lot (see next question).
-
- Q: If I get a NORI, will I get a waiver?
- A: No. The NORI is a necessary condition (for this particular form
- of waiver), but not sufficient. Generally, the determination is
- up to the USIA. Fulbright students can generally forget a waiver
- unless they fall below the threshold (see next question).
-
- Q: Is there a threshold of money received below which a waiver is
- automatically granted?
- A: No, but if you received less than $2000, you at least have a
- chance. Fulbright grantees' applications have been known to be
- rejected even with grants below that, on the argument that the
- program itself, beyond monies expended on behalf of an individual,
- push each individual above that limit. Above that limit, you can
- only hope to be from the PRC, or use the other avenues described
- above.
-
- Q: Can I pay back the money I got and get out of the HRR?
- A: No. In this respect, Fulbright grants differ from all other
- college grants, which, if you don't live up to your end of the
- bargain, at worst forfeit the loan waiver.
-
- Q: Can I visit the United States while serving my two-year sentence?
- A: Yes, but the time is (supposedly) subtracted from your residence time.
- Vacation in a third country is o.k.
-
- Q: Do I have to return to my home country?
- A: Yes. More precisely: country of citizenship or last residence
- prior to entering the United States.
-
- Q: Can I reside in my home country and work in another country?
- A: Currently not. Apparently, there are rumblings about making
- residency and work in any of the European Community countries
- equivalent, but that has not happened.
-
- Q: Can I work for a company of my home country in another country?
- A: Good question. Don't know.
-
- Q: Does writing to your congress person help?
- A: No, you just get a longer letter of denial.
-
- Q: What do I need to show after the two years to prove that I
- resided and worked in my home country?
- A: Good question. Anybody know?
-
- Q: Can I apply for H-1B, permanent residency, etc. while serving the
- HRR?
- A: Yes. The visum will be issued the day your two years are up. This
- is particularly advisable for those who can get visas without
- labor certification (family preference). You can apply at the
- US consulate in your home country.
-
- Q: How often can I apply for a waiver?
- A: Every six months.
-
- Q: Does a J1 have any advantages?
- A: Yes. You get 36 months of practical training (instead of 12 months
- for an F1). Also, your spouse may work on a J2 visa during your
- stay after getting permission from INS.
-
-
- --
- B.G. Mahesh | Email: mahesh@evb.com
- Software Engineer | mahesh@sett.com
- EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-