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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default J1 Two Year Requirement, Living Overseas But Not in Nation of Origin

    Hi!

    I came to the US on a J1 visa and I am now briefly back in my home country (part of the EU). I will start working in a month or so in another EU country. I know that usually the 2-year residency requirement is not fulfilled if spent in a country different from the country of my residency before leaving for the US, but I was wondering if there might be an exception for countries within the EU (thus somehow acknowledging the freedom of movement which exists for EU citizens within EU countries).

    If not, do you think I might fulfil the 2-year rule simply by mantaining my legal residency in my home country (while still working abroad?)

    Thanks so much!!!

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

    Default Re: J1 Two Year Requirement, Living Overseas But Not in Nation of Origin

    Physical presence in a nation that is not your home country is, by definition, not a physical presence in your home country. I'm not going to guess as to whether you will be able to sneak past that requirement by having claimed legal residence in your home country while living elsewhere.

  3. #3
    Join Date
    Sep 2009
    Posts
    1

    Default Re: J1 Two Year Requirement, Living Overseas But Not in Nation of Origin

    I am in the exact same situation; would appreciate an update on the outcome. Otherwise I might post the conclusion once I have an answer.

    I actually just found the answer: http://www.proskauer.com/news_public...ents-ne-v4.pdf

    It says you have to go back to your own country or country of last legal residence.

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