J1 and F1 Visas and 2 years waiver?

Question

I had a J1 visa for 3 months

One of the rules is after completing my internship in the states , I need to stay in my home country for 2 years.

I am planning to pursue a Phd degree and thus I need to apply for F1 visa, does the US embassy give me the F1 visa if those 2 years didnt finish yet?

Thanks

Answer 1

Ignore the 2nd & 3rd answers, George is correct but just to clarify:

If you had a J1 visa subject to INA 212(e), the two-year foreign residency requirement and your two-years have not yet been completed, it will not effect an F1 visa application.

The two-year foreign residency requirement only prohibits a person from applying for a or changing their status to that of H, L or K visa or becoming an LPR during those two years.

An applicant may apply for an F1 visa at anytime regardless of the two-year foreign residency requirement.

See the website below for more information.

Answer 2

Find and ask a INS lawyer, he'd know the answer, or you could contact the nearest INS office near where you live right now; if your still 'in country' here.

Answer 3

Yes, there is possibility.  If the authority who is in charge of your J-1 program issues "no objection" letter, you can file a petition to waive the 2 years rule at the same time you apply for F-1.

Answer 4

the 212e residency requirement, doens't affect F visas, or tourist visas either for that matter, so they can still issue the F, if you're eligible. You won't be able to get an H, L or immigrant visa without doing your residency back  home.

Answer 5

Just ask for a waiver from your embassy and it should do it.

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