| [ USA ] in KIDS 글 쓴 이(By): hanseo (사랑과평화) 날 짜 (Date): 1999년 9월 17일 금요일 오후 01시 25분 42초 제 목(Title): J-1비자에 대한 정리.... 제가 알아본바를 적으면... References 1. http://www.usia.gov/abtusia/legal/gc/jexchang/jexp3.htm 2. http://www.ins.usdoj.gov/graphics/howdoi/exchvisit.htm 3. http://www.leagletech.com/Hanson/j-1page4.html (1). 비자기간 만료 후 "30일"동안 미국에 더 머물러 있을 수 있음. (다른 말로 하면 30일 이내 출국해야함) An exchange visitor who applies for a change of category and who subsequently receives notice from the Agency that the request has been denied is considered to be maintaining lawful status for an additional period of thirty days from the day of such notice, during which time the exchange visitor is expected to depart the country, or for a period of thirty days from expiration of the exchange visitors' Form IAP-66, whichever is later. [from ref. 3] A J-1 alien will fall out-of-status if he overstays more than thirty (30) days after his program ends. (2). 대장(sponsor)을 바꿀 경우 새로운 대장이 Agency에 신청하면 비자기간 연장됨. 원문은 아래와 같음. "The successor sponsor may apply to the Agency for redesignation and may continue its exchange visitor activities while approval of the application for redesignation is pending before the Agency." (3). 기간은 5년 이내. 원문은 아래와 같음. Designations are effective for a period of five years. In its discretion, the Agency may designate programs, including experimental programs, for less than five years. (4) 기간만료 4개월전에 sponsor가 신청하여, 5년이내 기간동안의 redisignation 받음. 원문은 아래와 같음. (a) Upon expiration of a given designation term, a sponsor may seek redesignation for another five-year term. A sponsor seeking redesignation should notify the Agency, as set forth in (b) of this section, no less than four months prior to the expiration date of its designation. A sponsor seeking redesignation may continue to operate its program(s) until such time as the Agency notifies it of a decision to amend or terminate its designation. (5) 미국측 sponsor를 바꿀경우, 새로운 sponsor가 아래와 같이 하면됨. (즉, 본인은 신경안써도 됌) Transfer of program. (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program. (b) The responsible officer of the program to which the exchange visitor is transferring: (1) Shall verify the exchange visitor's visa status and program eligibility; (2) Execute the Form IAP-66; and (3) Secure the written release of the current sponsor. (c) Upon return of the completed Form IAP-66, the responsible officer of the program to which the exchange visitor has transferred shall provide: (1) The exchange visitor his or her copy of the Form IAP-66; and (2) A notification copy of such form to the Agency. (6). Two-year foreign residence requirement에 대해서. Accordingly, many exchange visitors entering the United States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. Unless INS approves a waiver for this requirement, exchange visitors must depart from the United States and live in their country of residence for two years before they are allowed to apply for an immigrant visa, permanent residence, or change to a new nonimmigrant status. (7). 어떤경우에 waiver 받을수 있나? (보통의 경우는 #4에 해당됨) Who is Eligible to Apply for a Waiver? You may be eligible to apply for a waiver for the foreign residence requirement if: 1. You have a U.S. citizen or legal permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child. 2. You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion. 3. A U.S. government agency requests a waiver directly from the United States Information Agency for you because you are engaged in a project of official interest to the agency. 4. Your country provides a written statement to the director of the United States Information Agency stating that your country has no objection to a waiver. (If you came to the United States as an exchange visitor to receive graduate medical education or training, you are ineligible to receive a waiver on this ground.) 5. A state of the United States, through the state office of public health or its equivalent, sponsors you to work as a physician in a health manpower shortage area within the state for three years as a nonimmigrant in H-1B status (temporary worker in specialty occupation). If you are granted the waiver, you must agree to begin your employment with the state within 90 days of receiving the waiver. This state request is submitted to the director of the United States Information Agency. (8). 이런경우는 waiver 못받음. -정부로 부터 지원 받았을 경우(어느 한쪽이라도) waiver 못받음. - Sponsor로 부터 받은 돈을 돌려줘도 waiver 못받음. Those subject to the home residency rule are aliens whose program was funded wholly or partially by a U.S. governmental agency or by their country of origin. Also, aliens who at the time of their admission were engaged in a field on the USIA's "skills list" must return home for two years. Paying back any governmental funds will not result in the waiver being granted, nor will taking up residency in a third country (unless that has become the country of last permanent residence). |