I working in usa as a j1 my passport says 2yr rule does apply but ds-1029 says does not apply wat shld i do?

Question

do i need 2 apply 4 waiver? cause passport says 2yr rule does apply and ds-1029 says does not apply. which 1 matters the passport or ds1029?

Answer 1

Do you mean Form DS-2019? Check with your program's sponsor to see if you're subject to the two year foreign residence requirement.

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;



The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.

Answer 2

Well, for the moment, it shouldn't be a problem, unless you're trying to become an immigrant, or get an H or L visa. If you're not doing that, you don't need a waiver. You could try to get the embassy that issued you the J visa to issue you a new visa with the proper notation, otherwise, for now there isn't much you need to do. Just make sure you hang on to your DS-2019 in case you do want to be an immigrant or an H or L visa holder.