Work eligibility post J-1 stint in the US


andiamo

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Hi all,

 

I am under discussions to secure a J-1 intern position with a firm in the US and am expecting to be working for around 12 months.

 

Have a couple of questions on how work eligibility would pan out post my internship period.

 

1. We all know that there is a home residency requirement for 2 years post the intern program.

If I were to secure a H-1B visa position during my internship period, would the home residency requirement still apply. Considering that I might have to return back to India for H-1 stamping.

 

2. Have read about waivers to J-1 HRR. Can someone help understand how that works and if it is applicable in this scenario.

 

I have been working in IT all through my professional career, and my internship is also in a related field.

 

Appreciate your inputs !

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Of course HRR rules apply if you receive H1B. Why do you think it would not without obtaining a waive?

 

Waivers are specific and difficult and time consuming to obtain. There is no way to know from your post if you "fit" the waiver profile.

 

If you are considering working in the US on H1B, IMO it is not a good option to take a J-1 position if at all possible. I am really tired of people like you coming to US on J-1 fully aware of the HRR requirements and then whining that they have to meet the HRR rule. If you do not want to fulfill the HRR, don't come on J-1. SIMPLE!!!

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Thanks guys for your responses.

 

I do agree and been reading that the J-1 waiver process is a bit of an ordeal and not the best of options to bank on.

 

However I was under the impression that if the area of focus on my internship is not listed in the Exchange skills for the home country, I do not even come under the HRR ambit and hence do not have to go through the Waiver process.

 

http://travel.state.gov/content/visas/english/study-exchange/exchange/exchange-visitor-skills-list/visa-exchange-skills.cid.IN.html

 

For instance, I am intending to take up internships in Product Development and Marketing and do not see it listed in the above.

 

Also I was under the impression that my J-1 sponsor would be able to ascertain clearly whether I fall under the HRR or not based on their assessments. Is it like a NOC I can receive from them before taking up the intern position.

 

Appreciate your advise.

 

Thanks

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Not sure how that is related.

 

I thought HRR was applied based on the skill sets listed under each category in the candidate's home country of origin

Also , I do not see my area of interest listed there.

 

Am I missing something ?

The HRR rules are more complex than that.

They have a lot to do with who sponsored the J1.

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Don't take the word of your adviser; they are not that familiar with the immigration rules. Only if the highest ranking university administrator in the international office should be considered a reliable source for whether a program meets the HRR or not.

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  • 2 weeks later...

Folks,

 

Just so that you might be aware, I am not a University student currently enrolled in a program / course and hence do not have any connection with the DSO/professor/Dean at college.

 

I am considering taking the J-1 route for gaining practical hands on exposure in the above areas of interest.

 

J-1 I have learnt is a dual intent visa -

One for taking up internships (students currently enrolled in university courses) and 2nd for Career Training which is open to any professional any where in the world.

 

I am considering the 2nd option and evaluating talking to employers and sponsors who can provide me a short to medium term opportunity. 

 

Would you guys think it is not a workable idea if not for the HRR. As far as the HRR goes, I would appreciate any advise if I really fall under it or not and who would be the correct person to approach.

 

Thanks

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