J1 Short Term Scholar Visa and Later Issues with Residency

cyneuron · Sep 8, 2011

Hi there,

So I really need some serious help here.

I am on B1/B2 Visa living in US right now. I am 2012 Match Residency applicant and all set to appear for interviews.

I have been offered a position as Research Assistant in a University. It requires changing my B1/B2 Visa to J1 Short Term Scholar (J1 STS, 6 months; it is different from J1 Clinical offered by ECFMG).

So I googled it and have found following issues as it relates to Residency -

1. Potential complication in switching from J1 STS to J1 Clinical -

My understanding is that it won't happen in my case as I will my finish my J1 STS duration by March, 2012 and would have gone back to my country by the time I apply for J1 Clinical later in May 2012. But some people say that there is this 1 year gap required before switching while other say that its not.

2. Potential issues of 2 year Home return requirement (HRR) and thus no H1B option left for me when I interview in this season -

My understanding is that HRR applies only in two condition - i. If you are being paid, ii. if the skills you acquire are required in your country (there is a country specific list on US gov website and it is so non-specific that it will virtually include everything). So its quite a grey zone and the ultimate decision is of US Department of State (DOS).

3. People say that sometime Visa officer later may think that the person has abused his/her B1/b2 visa to get entry in US to obtain J1 visa.

Could somebody please guide me on it. Any advice will be of huge help here.

punch · Sep 9, 2011

cyneuron,

J1 STRS does not have the 2 year HRR.

J1 STRS can always be converted to J1 ECFMG clinical without any issues

J1 STRS can always be extended for a further 6 months without much hassle.

It will be easier to convert to H1 if you have a J1 or F1 than the B1/B2

you might want to explain that you arrived to the US on B1/B2 and got this awesome opportunity and would like to be officially affiliated to the project by getting a J1 STRS - being said that you haven't abused your b1/b2.

hope this helps.

ROBINHO · Sep 9, 2011

Why dont you extend your B1. Or can you get out and enter in again? If u have the resources u shd do that especially if the research is non paying.

There are a lot of grey lines. I have experience with J1 Research Scholar but not the short term scholar. for that I can tell u that...it is advisable to go back home and apply for the visa. Becos u are likely to get the switch to J1...however in future if u want to come back on a non immigrant visa....the visa officer could use that against u.

Also for the J1 research scholar u can gauge if there will be a 2 year requirement by checking this website. It is very country specific so u shd check it out
http://travel.state.gov/visa/temp/types/types_4514.html

For example I have J1 with home return requirement. There are 2 general paths
1. Convert to J1 clinical...I already spoke with ECFMG and they said they do that every year or
2. u seek a J1 research scholar waiver...generally through ''no objection letter" from your Embassy/Govt and u can proceed to apply for H1b.

note this is for the regular J1 research visa. the short term might be a little different.
Good luck

J1 Short Term Scholar Visa and Later Issues with Residency

cyneuron

cyneuron

punch

Full Member

ROBINHO

Junior Member

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