| [ USA ] in KIDS 글 쓴 이(By): DrScarab (바이오용사) 날 짜 (Date): 2002년 4월 3일 수요일 오후 03시 06분 35초 제 목(Title): J1 -> F1 , the final answer http://usembassy.state.gov/seoul/wwwh1350.html 에서 퍼 왔습니다. 요는 2 year rule이란 것은 H-1 L-1 K-1과 이민비자로 바꾸려고 하는 사람들 한테만 적용되는 것이군요. 2 year rule이 적용되어도 관광비자 등 위의 비자에 해당하지 않으면 기간에 상관없이 발급이 되는 군요. 재미있는 것은 비자에 2year rule이 적용된다고 명시가 되어 있어도 비자 신청을 했을때 다시 한번 최종심사해서 적용을 해제시킬 수 있군요. 비자에 적힌것은 그저 preliminary라.. 어쨌든 제가 원했던 J1에서 F1으로 바꾸는 것은 문제가 없다는 정보를 얻었으니 만족입니다. 답해주신 분들 정말 감사합니다. What is "The Two-Year Rule?" "The Two-Year Rule" is the common term used for a section of immigration law which requires that many exchange visitors return to their home countries and be physically present there for at least two years after the conclusion of their exchange visit before they can be issued certain types of nonimmigrant visas, specifically H-1, L-1, K-1 and immigrant visas. It is important to note that only a preliminary finding of whether the two year applies to you is made on your IAP-66 when your J-1 visa is issued. The final decision is made only when/if you choose to apply for an H-1, L-1, K-1 or immigrant visa. Only after two years may these persons apply again for certain types of nonimmigrant visas. It is also not permitted to remain in the United States and apply for an adjustment/change of status to a prohibited nonimmigrant status (for example, J-1 to H-1) or to apply for permanent resident status (a "green card") without first returning home for two years, absent an approved waiver. Whether you are subject to the Rule is determined by a number of factors, including your source of funding and your country's "skills list." It is not determined by the amount of time you spend in the U.S. Download a copy of the "skills list" (382k) in PDF format. Viewing this file requires Acrobat Reader. The latest Acrobat software is available for a free download. Can the "The Two-Year Rule be Waived? Waivers of the Two-Year Rule are adjudicated only by the Department of State's Visa Office (a recent change; previously this work was done by USIS). This Visa Office is also the final authority on whether an applicant is actually subject to the Rule, regardless of whether it was annotated in your passport or not. If you are subject to the Two-Year Rule requirement, you may be able to obtain a waiver, and thus be eligible to apply for visas normally prohibited for those subject to the Two Year Rule. You can find instructions on how to apply for a waiver here. You can also download a copy of the form needed to apply for such a waiver. Please note that the Two-Year Rule applies only to the later issuance of H (work), L-1 (intracompany transfer), K-1 (fiance) or Immigrant visas. Even if subject to the two year rule, you may still qualify for the issuance of a tourist visa, or any other nonimmigrant visa except for those noted above. |