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If I Go Home for the J1 Visa 2-year Residency, Can I Apply for a J1 Visa Again?

Dr. William:

School year 2007-2008 is the third and final year of my J1 program, I would like to know if I can extend my stay or can apply for another sponsor. If I go back to home for the J1 2-year home country residency, can I apply for a J1 visa again even before I satisfy the two year requirement?

I heard that the 2 year residency requirement is only applied to those who wish to change their status or apply for a regular or immigrant visa.

Answer:

If the school year 2007-2008 is NOT the final year of your study or work program in US, then you should extend your J1 visa/status, or apply for another J1 program if you need to or if you can. If your study or work program extends after the year 2008, you need to keep legal status in US after the year 2008.

If you go back to your home country for the 2-year residency service, you may be able to apply for a J1 visa again even before you satisfy the 2-year service requirement. But this does not mean that you have met the 2-year residency service requirement. You still need to get J1 waiver or finish the 2-year residency service if you want to apply for US Green Card or change to other visa type later.

The 2-year residency requirement is only applied to those who wish to change their status to visas such as H or L visa, or apply for Green Card, but not for O1 visa.




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