Keep up the good work; this website is such a valuable resource.

I am in a similar situation to Jen; I am currently on my second J1 visa and would like to switch to an E3. It would be ideal if I could change to the E3 by filing form I-129, but I am unsure if I am eligible to do that. My first J1 was subject to the two year rule, and I have not spent 2 full years in Australia since then. However, the two year rule does not apply to my current J1. Do you think I can file form I-129?

I know that you cannot file I-129 if you are on a J1 that is subject to the two year rule, but I cannot tell if this restriction extends to people like myself who have not fulfilled the 2 year rule from a previous visa.

I have tried hard to find a definitive answer about this, but the USCIS language around this seems pretty ambiguous. Any help would be greatly appreciated.

Thank you!
James

Amazingly useful site, thank you so much for the time to maintain it.

Question on this topic, if yo can spare a minute: I’m an Aussie citizen. Was on the 4-month work/summer/travel J-1 during college in 2002. Returned to Australia and remained there for 6 years. Now back in the US on the 12-month work/summer/travel J-1. My employer is prepared to file and LCA to switch me to an E3. Considering that I did return to Australia on my first J-1 for well above 2 years, will the fact that I am currently on the 12-month J-1 be ok to switch to the E3? I am intending on visiting a Canadian consulate to switch, won’t be trying to change status within the US.

Also, will my employer have to state somewhere that this is not a permanent role (even though it’s permanent in the sense that I am full-time with benefits and on a salary, with no expiry date, etc) or is this my job to prove my return intent?

Thanks kindly for your help!
Jen