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J-1 to F-1. Will 212(e) affect F2?

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  • J-1 to F-1. Will 212(e) affect F2?

    J-1 to F-1. Will 212(e) affect F2?

    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;

    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;

    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;

    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))?

    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.

    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?

    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

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