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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Applying for OPT Before Two Year HRR is Fulfilled

    I used to be J-1 and am subject to the two-year residency rule. I spent approximately 720 days in my home country. I have just graduated (on F-1) and have a pending OPT application. Can I request a waiver of the two-year residency rule since I am only few days short of the 2-years? How long is the process and what is the success rate of such cases? Alternatively, should I go back to my home country once I obtain my EAD card? What are the chances that I will be granted visa to return to U.S.? I have a job offer.

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Applying for OPT Before Two Year HRR is Fulfilled

    Information on the waiver is here. "I'm really close to completing the two year HRR" is not a basis for seeking a waiver. You don't need a waiver for F1 OPT, as it's not an immigrant status.

    We know next to nothing of your circumstances, and thus cannot speak to your future odds of qualifying for a visa.

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