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by ebiester 5165 days ago
The J-1, right?

I'm frankly surprised you were able to transition away from the H1-B from the F-1.

(My partner is in a similar boat, but still on the F-1. I'm currently in his country, and we're hoping that despite him being on the F-1, the accumulated time that he spent in his country totalling two years will be enough to count for the requirement, despite it not being contiguous. The problem is it seems to be all up to the discretion of the officer handling the issue, because the rules don't seem to be anywhere.

1 comments

Yes, J-1. :) It's such an obscure corner of the US immigration law chaos, that barely anybody knows about it, except for those that have to live with it. The transition to H-1B from F-1 under J-1 cloud is even more obscure -- it's actually a legal loophole in the law that I think only a few know about. Basically, it's illegal to apply for H-1B visa without first satisfying the requirement, but it's OK to apply for H-1B status while remaining in the country.
A number of postdocs come in as J-1...A lot depends on if your home country is willing to waive your need to return for 2 years..
Nah people know about it, I know at least a hand full of companies (personally, there are certainly others) that use said law to get workers into the U.S. and working for them.
It's not just the J-1, but those who come into the states under a visiting scholar program through the US government as opposed to an au pair private program, for example.