expredator
06-20-2012, 11:30 AM
Hi,
I am currently a J-1 Intern visa holder and conduct research at a hospital. I received my DS-2019 form from a different sponsor than the hospital I am working at, therefore, I got a J-1 Intern status as this sponsor only sponsors J-1 Interns. I came up here in September 2011 and my current stay is set through August 2012. I am working on a scientific project, however, I will need more time to complete my project than the original scheduled 12 months. The hospital I am at would sponsor me, but only as a J-1 Research Scholar as they do not sponsor J-1 Interns.
I know that the following rules exists:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. § 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
Original text:
(2) The participant has not been physically present in the United States as a nonimmigrant pursuant to the provisions of 8 U.S.C. 1101(a)(15)(J) for all or part of the twelve-month period immediately proceeding the date of program commencement set forth on his or her Form DS–2019, unless:
i) The participant is transferring to the sponsor's program pursuant to provisions set forth in §62.42;
My questions are now:
1) Since my current and prospective sponsors do not sponsor the same J-1 categories, a transfer from one sponsor to another is not possible, is that correct?
2) Am I subject to the 12 month bar? I am NOT going to start a new program. I will be working at the same place and same department, on the same project etc. Nothing will change regarding my work. But at the same time, I apparently will not be transferred to my new sponsor due to the different J-1 categories.
3) Do I really need to leave the US and apply for a new J-1 Visa with my new sponsor at a US embassy in my home country?
I need more time to finish my scientific project here, that is why I came to the US. Unfortunately, my sponsorship cannot extend my stay as a J-1 Intern beyond 12 months. My central question is whether my new sponsor, the hospital, can sponsor me as a J-1 Research Scholar for another year, so that I can finish my current project.
I will be very appreciative for any help you can give me.
Best,
I am currently a J-1 Intern visa holder and conduct research at a hospital. I received my DS-2019 form from a different sponsor than the hospital I am working at, therefore, I got a J-1 Intern status as this sponsor only sponsors J-1 Interns. I came up here in September 2011 and my current stay is set through August 2012. I am working on a scientific project, however, I will need more time to complete my project than the original scheduled 12 months. The hospital I am at would sponsor me, but only as a J-1 Research Scholar as they do not sponsor J-1 Interns.
I know that the following rules exists:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. § 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
Original text:
(2) The participant has not been physically present in the United States as a nonimmigrant pursuant to the provisions of 8 U.S.C. 1101(a)(15)(J) for all or part of the twelve-month period immediately proceeding the date of program commencement set forth on his or her Form DS–2019, unless:
i) The participant is transferring to the sponsor's program pursuant to provisions set forth in §62.42;
My questions are now:
1) Since my current and prospective sponsors do not sponsor the same J-1 categories, a transfer from one sponsor to another is not possible, is that correct?
2) Am I subject to the 12 month bar? I am NOT going to start a new program. I will be working at the same place and same department, on the same project etc. Nothing will change regarding my work. But at the same time, I apparently will not be transferred to my new sponsor due to the different J-1 categories.
3) Do I really need to leave the US and apply for a new J-1 Visa with my new sponsor at a US embassy in my home country?
I need more time to finish my scientific project here, that is why I came to the US. Unfortunately, my sponsorship cannot extend my stay as a J-1 Intern beyond 12 months. My central question is whether my new sponsor, the hospital, can sponsor me as a J-1 Research Scholar for another year, so that I can finish my current project.
I will be very appreciative for any help you can give me.
Best,