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RE: swiss-list: H1B / J1 / O1 Visa?

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RE: swiss-list: H1B / J1 / O1 Visa?

From: Louis Perrochon <click for textversion of email address >
Date: Thu, 10 Feb 2000 07:19:34 -0800
X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0)
Status: RO

J-1 home-stay requirement depends on who pays your exchange, not where you come from. You will get it if your situation requires it,
even if you are Swiss (You typically get it if you are SNF funded). The good thing is that SNF writes the necessary letters to get
rid of it. You still need to plan accordingly, though. (If it says on your J1 Visa "not subject to 212E", you are probably fine.)

J1 is a US category. I did not even need a visa to work at a German University. All you need is the working permit, and I got that
by just walking to the right office in Berlin with the right papers (passport and contract).

Tax law is independent from immigration law. If you have a J-1 you probably are exempt for 2 years. If you are student on a J-1,
that number may even be 5 years. Not because of J-1, but because visiting researchers may be exempt. But if you lived in the US
before your J-1, you probably would still be taxed. Talk to your tax advisor on details for this. Or get the publication re: aliens
from the IRS Web site (I think it is P519).

If you plan to apply for a green card, I suggest you be careful regarding taxes. You don't want them to ask in the interview why you
did not pay your taxes. Bad situation.

Louis

-----Original Message-----

> Make sure you don't have 2 year home stay
> requirement. If yes, you need to get a waiver first,
> which may be impossible.

There is no home-stay requirement for Switzerland. You
can extend your J1 for another year, up to a max of 3
years. However, you will have to pay taxes now (I
assume you were exempt), depending on how many days
you stayed in the US in the last years.
Also, some countries require you to pay taxes for the
last 2 years if you stay longer than 2 years on a J1 !
Germany, or Holland for example.

But note that even a J1 extension may take a couple of
weeks. But I think your old J1 allows you to stay in
the US while waiting.

> H1B only takes a bachelor, you don't need your Phd.

Right, but (so I was told) bachelors have to prove
that they are skilled which the bachelor title by
itself doesn't. A PhD does. So it may take longer to
get an H1 if you only have a bachelor (or masters for
that matter).

BTW: my H1 lawyer has a good web site with info about
different visas, check out www.roserix.com.

Cheers,

Bela
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Received on Thu Feb 10 2000 - 07:20:00 PST

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