Legal Question in Immigration Law in New York

After having received a substantial university fellowship for my PhD program in educational psychology, my university wants me to change to J1 visa. They insist that I will not be subject to the 2 year residency requirement and it does not apply to my country, but I looked up the US dept of state website for advisory opinion and it does say that India is on the revised skills list and that I may be subject. I am confused as to whom to believe and whether I really will be subject to the residency requirement.


Asked on 8/21/12, 8:24 am

1 Answer from Attorneys

Rebecca White Law Office of Rebecca White

It does appear that your field is on the skills list for India. You will want to discuss this again with your university. It may be that, depending upon sources of funding, even if your field is on the skills list you may later be able to obtain a waiver of the 2 year home residency requirement.

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Answered on 8/21/12, 3:21 pm


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