Infopass/212E

[mmed]

Update:

I am making some progress towards getting my old IAP-66. I located the lady from the Work and Travel program I first came in the States through. A friend of mine from back home will go to talk to her on Monday and ask for the IAP.

In the meantime, I was accepted in a PhD program in Psychology. I am thinking to go for another F-1 just to gain some time with the waiver and then with the greencard. This new university says that they can transfer my SAVIS from my old uni to them. However, I am currently on OPT. Can the transfer still be done? Provided that they issue a new I-20, after that will I need to send any papers to USCIS? Do they need to give me a new F-1 or does the transfer imply that I do not have to send any papers to USCIS (like I did when I did my change of status from J1 to F1 back in 2003)? How does this work?

Do schools usually verify that the amount one has on a bank statement actually exists in the bank? I'm thinking to borrow some money from a friend and give it back to her after I get the statement for the new I-20. I do have some savings and the school will give me graduate assistanship, so paying for the school won't be an issue...but 31,000$ in the bank it's too much for me.

Also, my mom already talked at the Ministry of Education in my country. They will write me the letter that I did not receive any funding from the Government. In order to do this, they requested the DS forms and J1 visas. Now I have 1 IAP missing, one IAP from 2002, and one DS from 2003. It may be that I was subject in 2001 based on the passport. What papers should I give them? The last DS and visa? Or will they actually need the IAP from 2001? Should I wait to see if I can get the lost IAP, apply for advisory opinion, and then get these documents for NOS from back home? I want to be at least a step ahead of the game, but I don't want to do it the wrong way.

Thank you so much!

P.S. Mmed, congratulations for your waiver!

I do not have any experience with F or OPT at all but I can give youmy opinion which may be wrong or write, do not take it as 100% sure waiting for others feedback.
Q-Do schools usually verify that the amount one has on a bank statement actually exists in the bank?
A- Not at all, almost no one can check your bank account balance except you or your designee. You showed them your statement does not mean you design them to see your account with the bank. You can borrow money, take statement and after 1 minute withdraw it back.

Ministry of Education in my country.They will write me the letter that I did not receive any funding from the Government.

I have similar situation. When my waiver delayed, I applied for advisory opinion, I returned all the fund to my country and I convinced the people in my country consulate to write a letter that they already received all fund they gave me back. This letter was sent directly to DOS waiver section. After few days a very nice letter came to me that I am still subject and returning fund does not mean anything. So why you need this statement from your country?
If you are subject, no letter from any where can waive that except the actual waiver, if you are not subject, no waiver will be issued to you and you will receive a nice letter from the DOS that you are not subject even if your passport is stamped "subject"

 

[Luci_merlion]

Well, I was trying to take the steps needed to get the "no objection letter" from my Embassy. One of the things the Embassy requires is a statement from the Ministry of Education saying that they did not offer me any $$$ to study in the U.S.. I need this, plus a letter from my old uni stating that I do not need to return to complete my studies there, plus copies of IAP and DS.

Another thing that drives me crazy at the moment...I jusat looked on my last DS and it says that my stay on the last J1 was supported with 4,000$ by "all other organizations" and 500$ "personal funds" (which I did pay to the "work and travel" program). Who could possibly be these "all other organizations." There is no box checked on the DS as to whether I'm subject or not and on the passport says I am not subject. I'm just confussed as I know that when any type of sponsorship occurs, the waiver (if needed) is harder to obtain as I may need addition letters from these "all other organizations" whoever they may be. It's strange as noone ever gave me 4,000 to come here.

Also, a bit of a rant...I'm upset with my lawyer. She indicated that she will call a couple of people to request a copy of my IAP from 2001 and she never did. Also, I wrote her an e-mail and she never responded. Her assistant said she was busy, will get back to me etc. but she didn't. Am I right to be upset? I already paid her the fees to apply for green card and in the meantime I got into the problem of possible HRR.

 

[Luci_merlion]

Update:

I requested and received a letter from the Work and Travel program through which I obtained by J1. The letter states clearly the code of the program and that the program was not funded by U.S. funds or my government. It also states that the program is not subject to the 212(e) home residence requirement. In the end, it says that if I were to be subject it would be on my "country's requirements" and not based on the work program.

I gave a copy of the letter to my lawyer, and after she read it, she decided to apply directly for the green card. She said there is no need to apply for advisory opinion or waiver. She is very experienced, and helped me in the past, so, I'll trust her.

Nevertheless, I would like to know what they meant by "if you were to be subject, it would be based on your country's home requirements." Is this a reference to the "Basic Skills Act?" When they say they want one home for two years...what is the logic? I mean, I worked as a cashier and hostess for a hotel. Are the skills related to being a cashier the ones that they need home and expect me to apply in my home country? (sounds a little ridiculous as I type). Or do they want you home based on the field of study? I took Psychology in uni. Is it because Psychology is an area in demand back home that they want me back? I am a little confussed as to how the basic skills apply. Should anyone need the name of the country where I am from to answer this question, I'll spell it out. As far as I see on the Skills List, all skills apply for my country.

Thank you!

 

[royat]

can anyone tell me how long it normally takes uscis to give a final approval after receiving favorable recommendation from DOS regarding J1 waiver based on NOS. I will be glad to read your comments.

 

[Luci_merlion]

can anyone tell me how long it normally takes uscis to give a final approval after receiving favorable recommendation from DOS regarding J1 waiver based on NOS. I will be glad to read your comments.

I suggest you make a new topic. I do not know the answer, but you'll have more chances to get an answer like this (more people will read since it will be a need thread perhaps ??). Just an idea.

 

[LucyMO]

Is this a reference to the "Basic Skills Act?" When they say they want one home for two years...what is the logic? I mean, I worked as a cashier and hostess for a hotel. Are the skills related to being a cashier the ones that they need home and expect me to apply in my home country?

I doubt that a cashier and a hostess are on the DOS skills list for your country. W&T is never subject anyway. So, stop worrying too much and move on with your life.