Do I need to clear the two year rule from j1 before applying for H1b?

[mayadolas]

I was in the US on a j1 visa. I've been in my home country for ~15 months so I still have 9 months to go. However, the applications start in April. I would have completed 20 months by then - still ~4months to go. Is it valid to petition for an h1b? If it gets approved, I would have a valid work visa from Oct 2014 - and I could have definitely completely my 2 year requirement by then.

[rayb]

Proof of meeting the two-year J1 clearance requirement should be clearly indicated on your passport entry-exit stamps, or with other documentation if the stamps are not available (I-94 copies, etc.).

If you "jump the gun" and assume all is okay, you may have a nasty surprise denial for a future immigration-related application.

I watched an Adjustment of Status application get denied because the applicant had not met the two-year absence requirement 35 years previous, reentered the U.S. on a visitor or student visa, became an overstay, and was then petitioned and adjusted by the 21-year-old daughter she had in the U.S. She was threatened with deportation, and the whole process then became very expensive for her.

Clearance was even questioned for another Adjustment applicant whose passport and visa reflected the two-year requirement, which had not been fulfilled, but had another J1 visa without the 2-year requirement. The 2-year requirement was dropped in midstream for her occupation and country (teacher, Brazil). After some persuasion and evidence, the interviewer backed off and accepted her now being exempt from the 2-year requirement.

--Ray B

I was in the US on a j1 visa. I've been in my home country for ~15 months so I still have 9 months to go. However, the applications start in April. I would have completed 20 months by then - still ~4months to go. Is it valid to petition for an h1b? If it gets approved, I would have a valid work visa from Oct 2014 - and I could have definitely completely my 2 year requirement by then.

[mayadolas]

I agree that I need to clear the two year rule. My question is, do I need to clear it before applying for h1b? (applying as in filling out the forms/etc).

Proof of meeting the two-year J1 clearance requirement should be clearly indicated on your passport entry-exit stamps, or with other documentation if the stamps are not available (I-94 copies, etc.).

If you "jump the gun" and assume all is okay, you may have a nasty surprise denial for a future immigration-related application.

I watched an Adjustment of Status application get denied because the applicant had not met the two-year absence requirement 35 years previous, reentered the U.S. on a visitor or student visa, became an overstay, and was then petitioned and adjusted by the 21-year-old daughter she had in the U.S. She was threatened with deportation, and the whole process then became very expensive for her.

Clearance was even questioned for another Adjustment applicant whose passport and visa reflected the two-year requirement, which had not been fulfilled, but had another J1 visa without the 2-year requirement. The 2-year requirement was dropped in midstream for her occupation and country (teacher, Brazil). After some persuasion and evidence, the interviewer backed off and accepted her now being exempt from the 2-year requirement.

--Ray B

[rayb]

I understand your question better. My advice is that when applying for the new procedure, include evidence that the two years has been completed, mainly because the actual date your application becomes efffective is what might cause you a problem later on.

As an example from another procedure....If an a petitioner for a fiancee visa includes proof of a divorce with his fiancee petition, but the paperwork indicates that the divorce is not final, by even a couple of weeks, the paperwork can get all the way to the Consulate review and then be denied. Though the divorce might very well have been finalized months before, if he divorce was not final when the petition was received by USCIS, all the fees, paperwork and waiting time is wasted.

--Ray B

I agree that I need to clear the two year rule. My question is, do I need to clear it before applying for h1b? (applying as in filling out the forms/etc).

[DHGUTA]

Evidence of fulfilling two year home country requirement

Proof of meeting the two-year J1 clearance requirement should be clearly indicated on your passport entry-exit stamps, or with other documentation if the stamps are not available (I-94 copies, etc.).

If you "jump the gun" and assume all is okay, you may have a nasty surprise denial for a future immigration-related application.

I watched an Adjustment of Status application get denied because the applicant had not met the two-year absence requirement 35 years previous, reentered the U.S. on a visitor or student visa, became an overstay, and was then petitioned and adjusted by the 21-year-old daughter she had in the U.S. She was threatened with deportation, and the whole process then became very expensive for her.

Clearance was even questioned for another Adjustment applicant whose passport and visa reflected the two-year requirement, which had not been fulfilled, but had another J1 visa without the 2-year requirement. The 2-year requirement was dropped in midstream for her occupation and country (teacher, Brazil). After some persuasion and evidence, the interviewer backed off and accepted her now being exempt from the 2-year requirement.

--Ray B

Hi Ray B

I was on J1 visa from Jan 2004 through Apr 2004 and was subject to the two year rule, which I fulfilled (did not travel out of India from April 2004 through June 2007). I subsequently re-entered the US on B1 visa (June 2007), F1 visa (July 2009) and have been on H1b since 2011. I also have an approved PERM and I-140 petition.

My question is: Apart from travel stamps on my passport, is there any other way I can prove that I fulfilled the two year home country stay requirement?

Any assistance would be highly appreciated.

Thank you

[srikanthnp86]

Hi , any answer on the question . My j1 2 years completes by May 2021 - can I apply for h1 b in April 2021 ?

[Wentz223]

I was in the US on a j1 visa. I've been in my home country for ~15 months so I still have 9 months to go. However, the applications start in April. I would have completed 20 months by then - still ~4months to go. Is it valid to facetime app petition for an h1b? If it gets approved, I would have a valid work visa from Oct 2014 - and I could have definitely completely my 2 year requirement by then.

Some complications may arise if your J-1 visa has a two-year home residency requirement. If that’s the scenario, then you must go back to your home country for two years once you’ve completed your J-1 stint before you can apply for any type of work-based visas or green cards.