Still 212(e) Rule applies??

[ShanthakumariA]

Hi,I had a J1 visa with 212(e) rule does apply and when I got a B2 visitor Visa my J1 visa got cancelled without prejudice..Am I still applicable for 212(e) rule??

 

Thanks

Shantha

[jairichi]

Yes, you are.

[MurthyIndia_Lawyer]

The two-year residency requirements pursuant to § 212(e) of Immigration and Nationality Act does not apply for individuals who wish to re-enter the U.S. using the B2 visa.

[jairichi]

Sorry, I should have been specific. It applies if you try to enter on H1B or L1 bot not for a visit on B2 visa.

[ShanthakumariA]

The two-year residency requirements pursuant to § 212(e) of Immigration and Nationality Act does not apply for individuals who wish to re-enter the U.S. using the B2 visa.

Hai,

Thanks for your reply.

Let me rephrase my query and my question was ,will the 212(e) rule will be effective even my j1 visa got cancelled.Since when I got my B2 visa ,my old j1 visa got cancelled without prejudice.In this case should i be applicable to 2 year home country residency???  

[ShanthakumariA]

Sorry, I should have been specific. It applies if you try to enter on H1B or L1 bot not for a visit on B2 visa.

hai,

thanks for your reply.I got my B2 visa and during that time my J1got cancelled.In that case can I try to apply for either H1B or L1?? am I eligible for that?

 

The two-year residency requirements pursuant to § 212(e) of Immigration and Nationality Act does not apply for individuals who wish to re-enter the U.S. using the B2 visa.

[jairichi]

hai,

thanks for your reply.I got my B2 visa and during that time my J1got cancelled.In that case can I try to apply for either H1B or L1?? am I eligible for that?

Without fulfilling 212(e) requirement or getting a J1 waiver you are not eligible for H1B or L1.

[jairichi]

Hai,

Thanks for your reply.

Let me rephrase my query and my question was ,will the 212(e) rule will be effective even my j1 visa got cancelled.Since when I got my B2 visa ,my old j1 visa got cancelled without prejudice.In this case should i be applicable to 2 year home country residency???  

Yes, you are. B2 visa will be issued even if you have not fulfilled 212(e) requirement. But, to move to H1B or L1 you need to fulfill 212(e) requirement or obtain J1 waiver.

[ShanthakumariA]

Yes, you are. B2 visa will be issued even if you have not fulfilled 212(e) requirement. But, to move to H1B or L1 you need to fulfill 212(e) requirement or obtain J1 waiver.

Bunch of thanks for your clarification.Am I eligible for H4 without obtaining waiver??

[jairichi]

Bunch of thanks for your clarification.Am I eligible for H4 without obtaining waiver??

Good question. I doubt that. But, I am not 100% sure.