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
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
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