Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
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    > Yes, the HRR applies unless you either fulfill it or have it waived. The
    > idea is that you basically "owe" these two years to both the US and your
    > home country. Just as a debt does not disappear magically, the HRR also
    > does not.
    >
    > | I received my government funding for 3 years. My first visa showed that
    > | I am subjected to HRR, but the second visa showed I am not. I guess it
    > | is because I use my personal funding when I applied the second visa (my
    > | government funding only last 3 years). I heard that once you are
    > | subject, you are always subject unless you fulfill that requirement. Is
    > | that true?
    >

An HRR based on government funding used to be pretty difficult to waive
(as opposed to a skills list HRR, which could generally be routinely
waived with a no-objection statement).

The OP does take a chance on a 214(b) refusal depending on the
government involved. But the HRR would be strong evidence that
immediate immigrant intent would not be possible.

I do agree that if the OP is at all risk-averse, she should stay here.