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bricephan

Confused about J1 home country

By bricephan in Student & Exchange Visitor Visas

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bricephan Newbie

bricephan   0

Posted
Filed: J-1 Visa Country: Vietnam
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Posted (edited)

Hi everyone,

I am new here, not sure if anybody else before got the same circumstance as mine but I did some research and could not find one.

My home country is Vietnam. I am studying in Korea, and about to graduate this upcoming semester.

I came to US under J-1 visa for 6 months internship (and that is stupid move I ever made, B1 would be better). I got funded in part by US government and also by my research group in Korea, so I am subject to 2-year physical presence in home country.

A confusing situation is that, I have no business with my home country on this trip, 'coz the internship is an exchange program between US government and my university in Korea.

So, my questions are:

1. Whether I still have to stay in Vietnam for two years before being able to come back US to work?

2. May I stay in Korea, instead? And still apply for the No-objection Letter from Vietnam Consulate in Korea? (although I am not sure they can make one for me)

3. Although I am aware that it stated clearly the requirement of presence in home country, but since my trip is not related anything to Vietnam, may I obtain No-object Letter from Korea side?

4. I tried some research that how to obtain No-objection Letter from Vietnam Consulate at DC, but google didn't wanna help. Anybody here got any idea?

I'd appreciate any of your responses to help me out,

Wish you all the best,

Edited by bricephan
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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
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Posted

Why do you need one?

B1 would not have been appropriate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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bricephan Newbie

bricephan   0

Posted
Filed: J-1 Visa Country: Vietnam
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  • Author
Posted

Why do you need one?

B1 would not have been appropriate.

'Coz the trip only 6 months, and in fact the salary funded by US government is too short to even cover my basic living expense here, so I have mostly relied on the financial support from Korea for entire trip. That's why if I applied B1, instead of J-1, I can just come back US for work anytime without being subject to this 2-year rule.

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
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Posted

Ahh

That is not what a B1 is for so the question is probably moot.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
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Posted

No problem, at least we have an answer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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EM_Vandaveer Experienced

EM_Vandaveer   2,368

Posted
Filed: Citizen (apr) Country: Hungary
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Posted

It has to be your home country (Vietnam), where you spend the 2-year HRR.

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bricephan Newbie

bricephan   0

Posted
Filed: J-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

It has to be your home country (Vietnam), where you spend the 2-year HRR.

Thanks,

That's sad!

Then, I can apply No-objection Letter from Vietnam Consulate in Korea and proceed my whole waiver application from Korea, can't I?

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cosmonauts Collaborator

cosmonauts   125

Posted
Filed: Lift. Cond. (pnd) Country: Chile
 Timeline
Posted

If I were you I'd look for the information on how to obtain the no objection letter first. In my case, I can only get one online through the Chilean embassy in Washington DC but I know each country has different methods, it all depends on your home country.

Other than obtaining the letter the entire process is online.

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/ds-3035-instructions.html#step6

Hope this helps.

J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

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12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent                                                        01/27/2020 Biometrics taken, Pomona CA

02/02/2017 Case received by USCIS                                                                         08/14/2020 Case transferred to NBC

02/2017 Married!                                                                                                            04/02/2021 Interview scheduled

05/17/2017 Approval notice received                                                                       05/10/2021 Interview at San Bernardino office

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Adjustment Of Status from J-1                                                                                     N-400

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