immigrationQuestion.com
Posted 4 months ago
Zubair Qureshi
Answered 4 months ago
If you're subject to the two-year home residency rule, you can’t change status in the U.S. until you meet that requirement or obtain a waiver. You’ll need to confirm with your sponsor whether that condition applies.
Sibongile Mthembu
Answered 4 months ago
Your first step is to check your DS-2019 and visa stamp to confirm if the 212(e) rule applies to you. If it does, you'll need to apply for a waiver before changing status. If not, a new employer might be able to sponsor a different visa like the H-1B.
Lalita Chakraborty
Answered 4 months ago
If you’re subject to the two-year foreign residency requirement, you can’t adjust status or change to another visa until you either fulfill that time abroad or receive an official waiver from the U.S. government. Some common waiver routes include showing hardship to a U.S. citizen spouse, fear of persecution, or lack of availability of your field back home. If your DS-2019 doesn’t mention 212(e), you may not be subject, so double-check your documents. If you’re not bound by the rule, the new institution could sponsor you directly for another visa. Timing and legal advice will be crucial.