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J-1 to H-1, 2-year requirement fulfillment

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  • J-1 to H-1, 2-year requirement fulfillment

    Hi,

    I am in US for an internship from Jan 2013 to May 2013 on a J-1 visa and 212(e) applies. I will return to my home country and to satisfy the 2-year rule, technically, I will be eligible to apply for a H visa after May 2015, right?

    Here is my situation:
    I plan to apply for a Masters degree in US in Fall 2015 and after 2 years of being on F-1, convert to H visa for work. For this to happen, I should satisfy my 2-year requirement well before coming for my Masters. Fall 2015 programs start around August 2015 and so I will “enter” US sometime in July 2015 which is more than my 2-year requirement. BUT, I will have to apply for an F-1 visa sometime around May-June 2015. So, when I apply for a F-1 visa, I will not have fulfilled my 2-year requirement (assuming I apply for this F-1 visa in May 2015). And I will get the F-1 visa too without hassles. But this visa will be valid for Masters when I enter US sometime in July 2015 (successfully fulfilling my 2-year requirement now).

    My question: So, when I convert from F-1 to H visa later after Masters, will they check for fulfillment of 2-year rule as :
    1) Difference in dates when I exited US now till the date when I got the F-1 visa approved (I will fail to fulfill this)
    OR
    2) Difference in dates when I exited US now till the date when I enter US the next time. (I will fulfill this)

    Thank you!

    -Nikhil

  • #2
    As long as you are going to enter the US after being out of the US for two years, you are going to be in applying for visa a little bit earlier.
    Immihelp Support
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    • #3
      J-1 wiaver process

      Hi Everyone,

      i am in the process of applying for the J-1 waiver. I am from Karnataka, India. As per the process, i need to send the NORI documents to home department in Karnataka. i was wondering if anyone could help me out with the address of Home Department of Government of Karnataka where i should send my NORI forms. Thanks in advance,

      If someone has any experience with this..please let me know..
      Thanks in advance

      Wishes

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