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J-1 visa question.
- Thread starter McDreamy911
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The answer to all your questions is: Ask a visa lawyer. Do not pass go. Do not collect $100. In fact, plan to pay at least $100. You can start with the visa office at your current residency, they may be able to help you for free.
But, here's the completely-free-but-worth-as-much-as-you-paid-for-it answers to your questions:
1. This is very complicated, and in flux. When you finish a J visa, there is a 30 day grace period to leave the US -- this allows you to pack up and move out. Note that if you get fired, you do NOT get a grace period, you are immediately out of status if you do not vacate. But once you activate the grace period, your J visa is over -- and now you just can't go get another one, or it's possible that a second 2 year HRR will attach. This is an area which USCIS didn't patrol/enforce at all, so people just took a gap and there was no issue. But in the last 1-2 years (hmmm.... I wonder why....) this has completely changed. At my institution, all incoming fellows on a J visa must remain employed continuously -- either their old program has to continue to pay them (for doing nothing) or we pay them (for doing nothing) to cover any gap. Whether my institution is being overly cautious, or people have been snagged by this, I don't know.
2. I have no idea. No free advice. But, the visa office wherever your fellowship is located should be able to sort this out for you.
3. No, you can't. Unless you want another 2 year HRR to attach. If you're planning on returning to the Great White North, then no big deal. If not, you'll need TWO waiver jobs.
But, here's the completely-free-but-worth-as-much-as-you-paid-for-it answers to your questions:
1. This is very complicated, and in flux. When you finish a J visa, there is a 30 day grace period to leave the US -- this allows you to pack up and move out. Note that if you get fired, you do NOT get a grace period, you are immediately out of status if you do not vacate. But once you activate the grace period, your J visa is over -- and now you just can't go get another one, or it's possible that a second 2 year HRR will attach. This is an area which USCIS didn't patrol/enforce at all, so people just took a gap and there was no issue. But in the last 1-2 years (hmmm.... I wonder why....) this has completely changed. At my institution, all incoming fellows on a J visa must remain employed continuously -- either their old program has to continue to pay them (for doing nothing) or we pay them (for doing nothing) to cover any gap. Whether my institution is being overly cautious, or people have been snagged by this, I don't know.
2. I have no idea. No free advice. But, the visa office wherever your fellowship is located should be able to sort this out for you.
3. No, you can't. Unless you want another 2 year HRR to attach. If you're planning on returning to the Great White North, then no big deal. If not, you'll need TWO waiver jobs.
