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Can I get J1 again once my current J1 ends an I return to india?

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  • Can I get J1 again once my current J1 ends an I return to india?

    Hi..! I am currently on J1 visa which ends this year. If I don't get another job offer I will have to return to India. And I am subject to a two-year home-country physical presence requirement, Section 212(e). I know that I need to get a J1 waiver to change visa status. However, I stayed as a J1 for only two years. My concern is, will I be eligible for J1 visa if I find an offer after returning to India?

  • #2
    Yes, you are eligible for J1. The INA 212(e) 2-year home residency requirement only applies to getting H or L work visas or permanent residency. There is a separate rule on 12-month or 24-month bars on repeat participation as a J1 professor or research scholar.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      It means I am subject to 212(e) as well as the 24-month bars on repeat participation. I can not get J1 again before two years after completion of current J1, is that right?

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      • #4
        Originally posted by time2rise View Post
        It means I am subject to 212(e) as well as the 24-month bars on repeat participation. I can not get J1 again before two years after completion of current J1, is that right?
        Like I said, INA 212(e) does not affect your ability to get J1 or most other types of nonimmigrant visas.

        The 24-month bar is if you were a J1 professor or research scholar (not other types of J1) and wish to return as a J1 professor or research scholar (again, not other types of J1) again within 24 months.

        This is my personal opinion and is not to be construed as legal advice.

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