International Travel: Approved J waiver with valid stamping

[prjbh]

Hello All,

 

I obtained my J waiver final approval earlier this year. Due to personal reasons I need to travel to my home country for 2 weeks in September. Although I have valid stamping until next year 2016, Jan. I have friends advising me to avoid travel on an approved J waiver in order to maintain waiver approval.

 

I would appreciate if you could provide insight into any hassles that one may encounter with regard to an approved waiver of the 212e rule(2 yr host country requirement) in this case.

 

Thanks,

Prjbh

[blahblahblog]

I've heard from a few lawyers that each entry under a visa is a new admission and the 2-year rule attaches during admission. So if you enter the country using your J-1, DHS may assume that you are re-subjecting yourself to the 2 year rule and then you would need a new waiver. I don't know if this theory was ever tested legally, but caveat emptor.

 

There is also the chance that the waiver cancel your visa (but doesn't cancel your status), so you can't enter the country, although I doubt it.

[ghytr]

@blahblahblog

 

- what exactly this means? for example i have initial j1 for 1 yr till 31 jan 2015 with the 2 yr Home country requirement. I travelled my home during the month of december 2014 and came back before end of december 2014. I also have an extension of j1 before going home in december 2014 which runs frm 1 feb 2015 to 31 jan 2016.

 

now i 've started waiver process in may and i am in the process now. Do you think i 'm subject to (2+2) ys = 4 yrs home country requirement ? and I 've to do another waiver application after the current waiver application is finished? (I did not travel out of the US frm Jan 2015 or this year yet).

[medfreak]

@blahblahblog

 

- what exactly this means? for example i have initial j1 for 1 yr till 31 jan 2015 with the 2 yr Home country requirement. I travelled my home during the month of december 2014 and came back before end of december 2014. I also have an extension of j1 before going home in december 2014 which runs frm 1 feb 2015 to 31 jan 2016.

 

now i 've started waiver process in may and i am in the process now. Do you think i 'm subject to (2+2) ys = 4 yrs home country requirement ? and I 've to do another waiver application after the current waiver application is finished? (I did not travel out of the US frm Jan 2015 or this year yet).

 

No, it is not addative. What he / she means is that every time you are admitted to the US on a J1 visa stamp, your intending to be a non immigrant, and that you admit that you are willing to be subject to the 2 year HRR. If you get an approved waiver, but decide to go out and come back on a J1 visa, you risk either being subject again the 2 year HRR and requiring a new waiver, or risk being denied entry because you clearly intended your wish to stay in the US and likely be an immigrant when J1 is a non immigrant visa.