> Thank you for the response. Yes, for what I searched, looks like I
> cannot reapply at all. Looks like the only alternative I have is to go
> back. But with no job?!?!?
>
> My question 5 is about how do they know if I was in my country or not?
> do they check the entrance to the country in the passport? or the work
> that was done with job certificates? of how long I was out of the US?
> As I said, my spouse is from a third country, and is willing to go
> there instead of my country (thinking that we will have better job
> opportunities there). Will that count?????
>
> What happens if I go to my country and I do not get any job but I
> complete the two years? isn't this against the principle since I will
> not be doing any job or contribution there????
>
> Thanks for your comments!!
It doesn't matter whether you have a job in your home country, the
purpose of the j-1 212(e) requirement is to give you time to bring back
what you learned to your home country. If you don't do that but sit
back and eat bon bon's then that's too bad for you and for others.
Regardless, when you signed up for the visa, you agreed to the 2 year
requirement and it stays with you until it is either waived, or you
fulfill it. Probably the only realistic thing you can do to get it
waived, is to somehow work for your countries embassy in the USA. The
hardship waiver is probably completely out of the question, and unless
you have a war going on in your country that's out too. We've had a
long discussion with others on this forum concerning the interested
government agency waiver, and found out that is almost impossible also,
even for people working with the government agencies, so you have no
good options other than, as I said, getting a job for your government
here in the USA, to get a waiver.
I believe it is up to you to prove the time you spent in your home
country, I'd get a passport stamp etc. and keep any other documents you
may need for proving it.
After you spend a total of 24 months in your home country, the
requirement will be fullfilled. If you desire to apply for an immigrant
visa to the USA, you won't be hindered by the requirement any longer.
Until that time, you cannot even apply for an immigrant type visa.
You can however, break up your time away with visits to the USA, using
non-immigrant type visa's. As I said before, it is crucial that you do
not overstay any of the visa's you may have now or in the future if you
hope to return to the USA.
If you get another visa to return to the USA, getting one without a
212(e) 2 year Home Residency Requirement, doesn't remove the one you
have now. You are stuck with it until you fulfill it or have it waived.
Now, if you can find out what cave Osama Bin Laden is hanging out in and
tell the white house, then I think you could get this thing fixed in
nothing flat, but unfortionately you'll probably have to go back home
and fix it. There are other countries in the world to immigrate to if
you should choose to, but on the other hand, 24 months isn't really
long, it can go quickly and you'll be done with it and can choose to do
what you really want in the future.
Hope I've been helpful... sorry I don't have good news to give you. You
may want to consult others and perhaps they have a legitimate option for
you that I have missed.
D
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