J1 waiver dilemma

[Shruti_Reddy]

Me: F1 -> H4 -> J1 Residency -> Quit Residency after 2 years and currently in home country since 5 months due to the 2 yr home country stay requirement.

 

Spouse: Physician on H1B with a pending GC application.

 

Kids: US citizens.

 

Am I eligible to apply for the 'No objection statement' J1 waiver since I did not complete graduate medical training in the US? What other options do I have apart from B1/B2 and F1?

 

Any advice will be well appreciated. Thank you !

 

 

[t75]

See an  attorney.  Going to other status will not give you the option of remaining in the US after your spouse gets a GC (kids citizenship is not an issue until 21) with pending HRR.

[jairichi]

Me: F1 -> H4 -> J1 Residency -> Quit Residency after 2 years and currently in home country since 5 months due to the 2 yr home country stay requirement.

 

Spouse: Physician on H1B with a pending GC application.

 

Kids: US citizens.

 

Am I eligible to apply for the 'No objection statement' J1 waiver since I did not complete graduate medical training in the US? What other options do I have apart from B1/B2 and F1?

 

Any advice will be well appreciated. Thank you !

I believe whether you complete your residency or not you are subject to 2 years HRR. Talk to a good immigration attorney. 

[Shruti_Reddy]

Appreciate your replies t75 and jairichi. 

 

Another thing I noticed is that the J1 visa stamp in my passport says 212 (E) does not apply whereas the DS2019 issued by ECFMG says 212 (E) does apply. I'm even more confused now. I'm sure other folks on here may have faced a similar situation but not sure how they handled it. Does the visa overrule DS2019? and do I have a case here? and can I apply for a H4 visa (instead of B1/B2) to join my spouse back in the US?

 

When I quit residency, I had a telecon for about 30 mins with one of the Murthy attorneys who said I would have to leave the country and then later come on a different visa (F or B). At that time, I didn't know much about 212 (e) like I do now. 

[jairichi]

Appreciate your replies t75 and jairichi. 

 

Another thing I noticed is that the J1 visa stamp in my passport says 212 (E) does not apply whereas the DS2019 issued by ECFMG says 212 (E) does apply. I'm even more confused now. I'm sure other folks on here may have faced a similar situation but not sure how they handled it. Does the visa overrule DS2019? and do I have a case here? and can I apply for a H4 visa (instead of B1/B2) to join my spouse back in the US?

 

When I quit residency, I had a telecon for about 30 mins with one of the Murthy attorneys who said I would have to leave the country and then later come on a different visa (F or B). At that time, I didn't know much about 212 (e) like I do now. 

Request Department of State for an advisory opinion. That would confirm whether you are subject to 2 years HRR. It would take 4 to 6 weeks to get advisory opinion from DOS.

[drpartusa]

Every foreing doctor sponsored by the ECFMG is subject to the 212 (E), independently of what the DS2019 or passport show.

 

If you quit your program earlier, as you probably, you don't have the 30 days grace to leave the US and you will have to leave the country immediately.

 

Don't waste your time and money on the DOS advisory opinion. Try to think on how to apply for a hardship waiver or try to get a conrad/VA or IGA job or talk to a good lawyer to see if they can make a case to apply for an O-1. The O-1 will allow you to work in the US, but it will not remove 2YHRR.