J1 waiver requested after 10 years:for I 485
TO the Law Firm
I am explaining below the summary of my case.
i-485 was filed in August 2007 (emplyoment based application)
Now, I received a letter from the Nebraska Center asking for additional evidence:
- a copy of the J-1 waiver (212 e, 2 years requirement of abroad residency waiver)
- or a prove that Istaid for 2 years abroad
I have no records of the waiver filed or received, no case number, no IAP 66
I called the Dept of State (they have no record) and Immigration (they cannot help)
The J-1 was approved in 1998 (for 6 months period)
After this I was back and forward to India and US with a B visa and several extensions
After 1 and 1/2 year after the expiration of the J-1 visa I had a L-1 Visa (from June 2000 to June 2001)
How could I get this visa, after less than 2 years spent abroad, unless I submitted the J-1 (212 e) waiver, together with the L-1 documentation?
I believe that, if I had a waiver, was all d one with a lawyer from 1998-1999 that does not exist any more
and never gave me back all20the paper works for the L-1 Visa.
Also I never received the Approval Notice (because was mailed to the lawyer address no longer there and the mail sent it back - I have a proof from the Receipt # EAC0013750905 that I just checked on the USCIS web site), therefore, 10 years ago, I asked Immigration for an additional copy of the L-1 Approval Notice. - Receipt, that I received (This L-1 visa is not stamped on the passport, I only have the Approval receipt)
Please note that at that time both the J-1 and L-1 Visa were filed at the VERMONT Center (as Ilived in New York)
while the Application for I-485 is at the NEBRASKA CENTER.
I only have little time to reply to the Nebraska Center and I really do not know if telling that I had the waiver and was filed together the L-1 Visa, but I have no copy of it because the lawyer is no longer there.
Immigration should have a copy form 1999? Why are they asking us? Why the granted the J-1 Visa and all the subsequent visas?
Is it possible to justify that the lawyer did not advised correctly the client (myself) and later he was no longer in business. (in fact he never informed me that he closed the office and that is why20the L-1 Approval Notice came back as undeliverable from the post office and I have no copies of the paperworks filed)
What are the consequences? Should they still ask me to do the 2 years residence abroad or I will be declined?
Now in my original Country of origin I an trying (through my family) to find out if the Indian Government ever gave a "NO OBJECTION" (I believe is the only condition applicable for the waiver in this case) for the 2 years requirement, but is very difficult to have quick answers.
This are the facts, if you think you can give me a valid advice
in how to proceed without the requested J-1 Waiver please let me know
Thank you for your attention to this issue.
hchatwal