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waiving J1 2-year requirement
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Alex_B 1 posts
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posted 1/5/2005 11:08:50 PM
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Priexal po studencheskomu obmenu (J1 visa) iz Avstralii god nazad. Pochemu-to popal pod 2-year home residence requirement nesmotria na to shto sam plachu za uchiobu v Avstralii.
Seichas xochu organizovat' bizness s druziami iz kollega i sootvetsvenno ostat'sia v USA.
Na http://travel.state.gov/visa/temp/info/info_1288.html
govoriat shto mozno waive this requirement if you get a "No Objection" statement from the home government:
The exchange visitor's government must state that it has no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, and remaining in the U.S. if he or she chooses to do so.
Oni takze govoriat shto government = Russian consulate in Washington.
Podelites' pozaluista opitom po:
1. Waiving this 2yr requirement and dealing with J1 limitations.
2. Polucheniem "no objection" ot russkogo konsul'stva.
3. Obschenia s russkim konsul'stvom.
Zaranee ochen' blagodaren
S uvazeniem,
Alexey
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mas16999 11 posts
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posted 6/30/2005 4:48:36 PM
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Hi Alexey, I do not have personal experience with Russian Consulate. However, my advice would be - do not delay this. It might take forever with Russian side. Some countries do this letter of no objections in just a month or two, for others it takes 6 and more. You do not want to wait until your visa expires and you are out of status. In my opinion, where you are paying for your school, but not your state or government, or any other US fund, this waiver might be easliy obtained. When you will get the letter, you send it to the Department of State. I heard that now it takes much longer than before 09/11 becasue of the security checks. But they are willing to grant this waiver if your home country produces a letter of no objections, and you have no criminal record, etc. I am sure you saw this information already - http://travel.state.gov/visa/temp/info/info_1296.html
MaS.
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apricot 12 posts
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posted 6/30/2005 11:18:41 PM
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Call your Russian consulate, ask for waiver department, and ask what papers you need to sumbit for "non-objection" statement.
Years ago they required: 1.letter from your J-1 sponsor stating that they don't object if you don't go back, 2.letter from you with detailed explanation why you want to stay in USA and what exactly you are planning to do here, 3.copies of AIP-66, passpost, 4.money order (they'll tell you how much, used to be between $100-200), 5.job offer if you have any.
It should take less than 6 months, but it took me a year to get one. "Non-objection statement" from Russian Consulate doesn't gurantee "non-objection waiver".
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mas16999 11 posts
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posted 7/1/2005 6:16:37 PM
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Yes, and also you can apply for advisory opinion from the Dept of State, which - if favorable - should be included with your waiver application.
Actually, there are more than one basis to apply for waiver (here, we are talking mainly about 'no objection' latter).
Currently, fee for this waiver is $215. I do not remember what is the fee for advisory opinion. In your case, advisory opinion may be favorable, so it makes sense to get one before applying for this waiver, if you have time on hand.
MaS.
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