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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Default J-1 to F-1 and Two-Year Home Residency

    Hi folks!

    I did the first semester of my master's degree in a american university with a J-1 visa. After that semester my J-1 visa was terminated (meaning my sponsor stopped funding) so I decided to go back home. After 3 years I applied for a F-1 visa (with my own resources), was granted the visa and came back to US and finished my master. Now, I am in the process of adjusting my status in order to become a permanent resident and I'm wondering if I still need to go back to my home country for two years as my first semester was funded by my home government through a scholarship.

    I understand that:
    1- as my visa J-1 was terminated the two-year rule doesn't apply anymore and more with the fact that I was granted a F-1 visa; and
    2- even if applies I spent 3 years back home that I assume counts if the two-year rule applies.

    This doubt comes because in the form i-485 (Application to Register Permanent Residence or Adjust Status) there's a question (Part 3 , Question 11) that says:

    11. Have you ever been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?

    and I don't whether answer yer or no


    I'll appreciate your answer.

    Thanks.

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

    Default Re: J-1 to F-1 and Two-Year Home Residency

    Your assumption that the termination of your J1 program means that the 2 year HRR does not apply is incorrect. But you indicate that after your J1 ended you spent three years outside of the U.S. and in your nation of origin - and 3 > 2. There is no HRR for a F1 visa.

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