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Yes, the IRS also counts that way - "You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day" (with a few exceptions): https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test However - if you are a GC...

It is possible that a CPB officer at a land crossing did not swipe or scan your GC. The question is what's the purpose of proving that specific entry. If it's for naturalization (N-400), you may have other documents that can prove your presence on U.S. soil from that date on. I entered via...

To the OP - was your first J-1 defined as "J-1 Short-Term Scholar" or as "J-1 Research Scholar/Professor"? If the former, then no problem. If the latter, there might be a problem. The State Department has 12 and 24 month bars are different from the two-year home country residence requirement...

Unlike H/L, J-1 is not a "dual intent" visa. It means that when you apply for that visa, you must show you have the intent to return to your country. Applying for a waiver contradicts that, and may create problems in the future. It'd be safer to wait a couple of months after your new J-1 starts...

An attorney told me that the partial days calculation is based on extrapolation: that's how USCIS & IRS calculate days in the U.S. for various purposes. She also told me it's somewhere in the State Dept. Foreign Affairs Manual, but I never looked for it. Something to keep in mind: the 2YHRR and...

One way to overcome any doubts/concerns is to contact the State Dept. of your state. I'll also be eligible to submit my N-400 soon, so to be perfectly sure, I contacted the State Dept. of my state and got a confirmation from them (via email) that I was NOT registered to vote. I lived in at least...

If you have an office on campus or wherever you work, which has a reliable mail delivery system, you can provide your work address.

1. In principle, only when you have the waiver in hand you are eligible to apply for AOS. The reality is that if you apply for AOS, the waiver should be there when your case will be adjudicated. You might get a request for evidence at any stage of the process, though, which might cause delays or...

I will let others answer other aspects of your questions. But any question about AOS & I-485 is irrelevant before you either 1. obtain a waiver of the home residency requirement (if you got U.S. government funding it's usually difficult to obtain a waiver), or 2. go back to your home country and...

Here you go: https://www.law.cornell.edu/cfr/text/22/41.63# While the letter of the law mentions (clause 1-iii) that you may APPLY only after completing the 2YHRR, the implementation is at the time of the visa issuance.

The regulation says that no H, L or GC can be issued before you prove that you completed the 2YHRR, or obtained a waiver. Since no visa will be issued prior to your interview, so you should be fine. Just be sure to bring to the interview enough evidence that you indeed completed 730 days of...

The rule regarding the 2 years home residency requirement is that you are ineligible for H-1B (temporary employment), L-1 (intra-company transfer), K (fiancee visa) or Green Card (Permanent Residence) status before physically residing 730 days in their home country, OR obtaining a waiver of that...

The outcome was that I spent about 710 days in my home country. Then I got another J-1 visa (that did NOT have a home residency requirement). During the period on that visa, I simply traveled back to my home country and stayed there for another 4 weeks or so. At that point, I already reached 740...

Another simple option is to go to https://i94.cbp.dhs.gov/I94/#/home and print out your travel history. While GC holders don't have to worry about I-94, their entry/exit are kept on file and are accessible via this website.

Doesn't the H-1B application (whether for consular processing or change of status, in case you're already in the U.S.) ask you specifically whether you are STILL subject to the 2-year home residency requirement (2YHRR)? As long as you never lied or misrepresented anything to DOS/USCIS, you...

No Objection is very difficult for people who had any US government funding (Fulbright, USAID, etc.). This category means No Objection from YOUR Home country's government. This category is usually for people with NO US government funding or countries with a skill list...

Your task is going to be tough. The "exceptional category" waiver is given NOT due to your hardship, but rather to the exceptional hardship caused to your U.S. citizen/permanent resident child and/or spouse either if they'll be separated from you, or if they follow you to your home country for 2...

Double-check with your attorney about the 3-year experience requirement, since USCIS requires 3 full years, and students are often employed part time. The letters should be as recent as possible, but I'm not aware of any regulation that limits their validity to X months/years. All the...

You have a few ways to show your field of research (e.g. publications, conference papers, scholars who used and cited your research, etc.). Are you trying to refrain from having an advisor letter since you think it'll be negative? In such a case consult your attorney. Also don't forget you need...

I guess your attorney means the advisor's letter is important in confirming your exact field of research. But for evaluating your case, USCIS seeks independent evidence: publications, citations, awards, service as judge of other scholars' research, media coverage of your work and its impact, and...