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  1. #1
    Join Date
    Jan 2011
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    2

    Default Must Residency be Continuous to Meet J1 Visa Two Year Requirement

    I was on a J1 visa in 2003 subject to two year residence rule and subsequently went back to my home country for around 13 months. Then I started education in US on a F1 visa. During my F1 visa in US, I have been spending some time back in home country during breaks etc.
    Hence, does my two years be counted as an aggregate of the time spent after J1 plus time spent on F1 but back in my home country?
    For example, I spent 13 months + 4 months on summer breaks etc. So I think I am still left with around 7 months of home residency rule. Is that correct?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Must Residency be Continuous to Meet J1 Visa Two Year Requirement

    The two year residency period in your nation of citizenship does not have to be continuous. However, you must prove to the satisfaction of the consular officer reviewing your case that you have completed the two year home country residency period. I can't promise you that the consular officer is going to include every school break where you spent time back home as a period of "residence".

    Recall, the purpose of the two year home residency requirement is to enable your country to benefit from the experience you gained as a result of your participation in the U.S. Exchange Visitors program. The requirement is designed both to prevent participants from staying longer than is necessary to complete their objective, and also to ensure that participants will spend at least two years in their home country before coming back to the United States for a long-term stay.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Must Residency be Continuous to Meet J1 Visa Two Year Requirement

    Thanks for your reply.
    I guess I will fulfil the requirement by staying at home during breaks and then let the process take it course later when I apply for H1B. I dont see a better solution to my problems yet.
    By the way, according to my school's immigration official, the breaks should count.

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