J1 visa (a real puzzle??)?

Question

Hi All,

A bit of background that I am an Indian national currently in the UK on a PhD program (sponsored by UK science body) and I had once received a J1 visa from London. This exchange visit was not sponsored by any government body (US/UK or Indian Govt.). The validity of my J1 visa was from 11 Sep 2006 to 25th Nov 2006, between which I has spend 40 days in US.

My DS 2019 says I am a 'Research Scholar' for the duration of my stay in US.

Now I am applying for a H1 visa, but the problem is that I don;t know that if I am subjected to the '2 year bar' rule.

The most surprising thing is that, neither my DS 2019 or J1 visa stamp say any thing about the 212e rule applying to me or not. Has the US consulate who stamped my visa, just forgot to check that criteria or there was a specific reason why they did not mark it in the first place.

Does any one out there know if I am at all subjected to the '2 year bar' rule or not.

Any suggestion would be really helpful.

Thanks in advance.

Answer 1

Fred is right.  If your visa was not annotated (it should have been) the only thing you can do is look again at your DS-2019 - the consul should have checked a box indicating whether or not 212e applied to you - or contact the program sponsor.

If the program number began with the letter G, it was a government sponsorship and 212e probably (not certainly) applies.  For most P programs, it does not apply.

Answer 2

Normally, the visa officer checks the box on the DSP-2019 to show whether 212(e) applies. If there was no direct or indirect financing by a government agency, then it would not apply because of funding by the United States Government, EV's own government, or an international organization.

An exchange visitor (EV) may be subject to the two-year foreign residence requirement if the education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List for his country.

Do you know the program number? That would help to determine if your program was in the Visitors Skill List. There's a list of program numbers that are on the skill list.

You could communicate with the program sponsor and ask them if your program is among those subject to the two-year requirement.

Answer 3

HONEY, I D LOVE TO HELP U BUT REALLY NEED TO TALK TO A LAWYER. COST U NOT MORE THAN 500$

   GOOODLUCK!  i WOULD  SUGGEST STICK TO NORMAL, 2YRS BAR LINE. BE CARAEFUL WITH THESE AMERICANS!!! THEY  ARE DANGEROUS!!