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J1 to H1B, 2 year rule

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  • J1 to H1B, 2 year rule

    Hello,
    Does the 2 year rule applies to everyone from India who comes on J1? My friend wants to come and teach in a university as a visiting scholar for a term (no govt. funding). He then wants to continue working here for a company on H1B. Is that possible? Please reply.
    CI

  • #2
    A person is only subject to the 2 year rule is any of the following applies:

    - The program is funded by the government
    - The program is for graduate medical training
    - The program is within an area listed on the Exchange Visitor Skills List

    India is on the Exchange Visitor Skills List of 2009, but I don’t know if there is an updated version of the list.

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    • #3
      Thank you wavedom. I looked at the 2009 Exchange Visitor Skills List for India.
      However, I am not able to decide whether teaching a course in a state university is part of that or not? The course is related to GIS- geoinformation sciences.
      Is it restricted because it comes under Education or because it comes under Engineering?

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      • #4
        I would assume that any kind of teaching makes the 2 year rule apply. The section about Education seems to cover all possible situations in a way that almost makes it impossible to teach in an area that is not on the list. The same goes for Engineering. I don't know how to find out if a specific program falls under the 2 year rule, but maybe the program sponsor can answer that question.

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