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Do F2 visa require NOC to do residence

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  • Do F2 visa require NOC to do residence

    Hi -
    I am on OPT status now which gets expired on Oct 2013. I am trying to apply F2 visa for my wife. I heard that indian government suspended to issue NOC(No objection certificate) for doctors who are trying to apply for higher studies in USA. I would like to know for people who entered USA with F2 visa and planning to do residence in USA are required to get NOC from indian government. I know J1 visa holders should get it, is it applicable for F2 visa holders also.

    I really appreciate your help.

  • #2
    There is a 2 year home residence requirement for some J Visas. So if you stay in the US in J status (does not matter if this is change of status), you are not allowed to return in any other status until you stay abroad for 2 years. The 2 year requirement can be waived and that requires the NOC from home country.
    Also, if getting J1 is the plan it is better to apply for J1 directly. There is a risk of denial in both F2 and J1 Visas for immigrant intent. The risk is higher in F2 if spouse has completed studies and is on OPT. If F2 is denied for immigrant intent, future J1 application will also become difficult.
    This is my opinion and not legal advice.

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