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  #1 (permalink)  
Old 10-19-2007, 12:22 PM
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ashory is on a distinguished road
Red face J-1 Visa HELP!

Hi,

We are having a situation at the moment. We have an exchange student from Australia who was meant to be here through January. However, the company which she came through has no idea what they are doing and has screwed her and us around the entire time she has been here.

Previously she was in Michigan but there were troubles with that family so she was placed in our care. In this state we found after her arrival that no schools will take her becuase of her age (19) and the fact she already has a diploma in Aust. Because of this the program had wanted to send her to Alabama which she did not want to do. her other option was to be sent home. Now for the trip to alabama the company had said they had permission from her natural parents to fly which they didn't. Anyhow she decided she would rather go home than to Al.

Her flight was scheduled for today though I have refused to put her on the plane as again the company she is going through and had said they would receive clearance from her doctor to fly previous to booking her ticket which they did not. (The girl is in the beginning stages of MS) We found out they had not contacted and the doctor as we contacted him ourselves were told she should not fly until she is re-evaluated and cleared to fly here.

Where we are at now is the program is taking her off their program and in that they are terminating her visa. From what I have read if the J-1 visa is terminated the student needs to return home immediatly however she has no medical clearance to do so. What is that we cna do? how long does she have to be cleared?
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  #2 (permalink)  
Old 10-19-2007, 01:30 PM
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vidyakulkarni is on a distinguished road
Default See on Passport

Hi
see on the visa stamped on the passport, it says someting about 2 years residency, in my case it said "2 year residency rule is not applied",
so if that is the case then try to get H1b or L3 visa(for ausiee only)
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Old 10-19-2007, 01:54 PM
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Default

But how do you get J1 visa whihc says that no 2 year residency required, my understnading is that once you get J1 you need to stay in home country for 2 years or apply for a waiver, please correct me if i am wrong and guid how to get visa without residency clause.
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  #4 (permalink)  
Old 10-19-2007, 02:10 PM
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Default

The J-1 is a complex Visa. It has several different categories : http://exchanges.state.gov/education...ut/catalog.htm. Not all categories are subject to the 2-year rule.

It really depends on the nature of your job / internship here. For example, Medical Interns are issued a J-1 for 7 years. But they have the 2-year rule applied to them.

Interns / trainees in a private company are issued a J-1 for 18 months. Depending on the Exchange Visitor skills, the 2-year rule may or may not apply.

More info here :

http://travel.state.gov/visa/temp/ty...s_1267.html#12
http://exchanges.state.gov/education...kills_list.pdf

-A
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Old 10-19-2007, 02:16 PM
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ashory is on a distinguished road
Default

The visa does say

Bearer is not subject to section 212(e)
Two year rule does not apply.

She is here on a High School exchange. Does that make a difference?

Also can the "company" that she is here through say that she is not allowed to apply for a different visa?

This is mostly what I was worried about.

"Termination
Participants are subject to the Department of State's Exchange Visitor Program regulations, and to the rules specified by their sponsors. Participants found to be in violation of program regulations and/or sponsors' rules may be terminated from the program.

Other grounds for termination include, but are not limited to 1) failure to pursue the exchange activities for which the participant was admitted to the United States; 2) inability to continue the program; 3) willful failure to maintain insurance coverage as required under 22 CFR 62.14; and 4) unauthorized employment. [22 CFR 62.40]

Participants who withdraw or are terminated from their exchange programs are expected to leave the United States immediately,." - http://exchanges.state.gov/education...ion/change.htm

Last edited by ashory; 10-19-2007 at 02:22 PM.
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  #6 (permalink)  
Old 10-19-2007, 02:32 PM
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Default get in touch with an attorney

The best advice anyone can give here is that to get in touch with an immigration attorney because if the visa has been terminated their might be a grace period(subject to medical clearance in certain cases) for the person to leave the country or petition her case.
The other option is to meet the local immigration officer(the appointment can be taken online at the USCIS website) and explain the aspects to the case to him/her. That also might win you some temporary respite, but you need to act fast as once you violate your visa terms then it might become almost impossible to secure another visa.
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