Question regarding section 212(e) Two-Year Home Country Physical Presence Requirement

iamme

By iamme,
in J-1 Waivers

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iamme Newbie

iamme

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Hi,
I am an Indian national and did my PhD in Dublin, Ireland. I moved to US, around a couple of years ago, as a Postdoctoral Fellow directly from Ireland. Consequently, both my Visa and DS2019 said that I am exempt from 2 year rule (section 212(e)). Now I am planning a visit to India and I will have to apply for a re-entry Visa when I am back in India.
I know that the Visa granted in India does not allow exemption from 2 year rule. So what will happen in my case, i.e. will I come under 2 year rule after getting Visa from India or it will not matter for me as my original DS2019 said I am exempt.

Thanks in advance. 

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jairichi Advanced Member

jairichi

Posted
Posted

Hi,

I am an Indian national and did my PhD in Dublin, Ireland. I moved to US, around a couple of years ago, as a Postdoctoral Fellow directly from Ireland. Consequently, both my Visa and DS2019 said that I am exempt from 2 year rule (section 212(e)). Now I am planning a visit to India and I will have to apply for a re-entry Visa when I am back in India.

I know that the Visa granted in India does not allow exemption from 2 year rule. So what will happen in my case, i.e. will I come under 2 year rule after getting Visa from India or it will not matter for me as my original DS2019 said I am exempt.

Thanks in advance. 

There is a possibility that you might get a visa with a clause that you are subject to 212(e). Can not predict anything. If they do then you can get an advisory opinion from DOS and mostly they would reply yes. Then you would have to start the process to apply a waiver.

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