Why was it denied ?
I came in US in 1997 on J-1 visa. Later switched to H1 and finally AOS. Now the tricky part of J-1 visas is that there is a foreign home residency requirement which says that exchange student must go to his country for 2 years before he/she can come back, get H1 or apply for green card.
I am NOT subject to this requirement. This requirement is not automatic but there are 3 conditions and if any one applies then the requirement is in place and I either have to leave for 2 years or obtain a waiver:
1) the training is sponsored by US goverment of my goverment
2) student's skills are in the list maintained by US Department of State
3) the training is in the field of medical studies
Neither of this applies. I was not sponsored by any goverment, my country is not in the list, and I am a computer professional.
In 1998 INS approved H1 visa for me which would not have happened had I been subject to this foreign residency requirement.
As I said I am not subject to this. Unfortunately someone in Vermont does not understand this. Part of the RFE I received in 2002 asked to answer if I am subject to this requirement and if positive provide a waiver. My lawyer replied why I am not subject. Evidently at no avail.
I am in great doubt as to whether it is worth to keep the fight. It is like mission impossible. As far as I understand my only option is to do all of the steps below:
1) apply for advisory opinion from the Departnment of State to make determination whether I am subject to this requirement. Through enourmous efforts and a bit of luck, thanks to the office of the NJ Congressman I became aware of this intention to deny my application on the grounds of my J-1 visa and I already applyed for advisory opinion. Unfortunately, it takes 6-8 weeks to get response
2) file for H1 visa, premium processing of course
3) if H1 visa is approved go to my country and get the visa stamped on my passport
4) come back to work on H1 visa, provided I still have a job
5) file motion to reopen and supply the (hopefully) favorable advisory opinion from the Department of State
6) hope CIS agrees to reopen the case and go through the whole 9 yards -- FP, background checks, security checks and what not, interview
I would like to hope for some other, unforseen option to muddle through this mess, but my mind tells me there is no other way.
So this is why I am in big doubt. Damn it, is it worth to spend all these efforts, and time and money, for a green piece of plastic ? Even if get to see the successful end, am I going to be able to enjoy it ?
The one reason I am posting this is to show that sometimes, no matter how much efforts one makes, man is simply helpless.
Thank you for reading this. Good luck to you all.
I came in US in 1997 on J-1 visa. Later switched to H1 and finally AOS. Now the tricky part of J-1 visas is that there is a foreign home residency requirement which says that exchange student must go to his country for 2 years before he/she can come back, get H1 or apply for green card.
I am NOT subject to this requirement. This requirement is not automatic but there are 3 conditions and if any one applies then the requirement is in place and I either have to leave for 2 years or obtain a waiver:
1) the training is sponsored by US goverment of my goverment
2) student's skills are in the list maintained by US Department of State
3) the training is in the field of medical studies
Neither of this applies. I was not sponsored by any goverment, my country is not in the list, and I am a computer professional.
In 1998 INS approved H1 visa for me which would not have happened had I been subject to this foreign residency requirement.
As I said I am not subject to this. Unfortunately someone in Vermont does not understand this. Part of the RFE I received in 2002 asked to answer if I am subject to this requirement and if positive provide a waiver. My lawyer replied why I am not subject. Evidently at no avail.
I am in great doubt as to whether it is worth to keep the fight. It is like mission impossible. As far as I understand my only option is to do all of the steps below:
1) apply for advisory opinion from the Departnment of State to make determination whether I am subject to this requirement. Through enourmous efforts and a bit of luck, thanks to the office of the NJ Congressman I became aware of this intention to deny my application on the grounds of my J-1 visa and I already applyed for advisory opinion. Unfortunately, it takes 6-8 weeks to get response
2) file for H1 visa, premium processing of course
3) if H1 visa is approved go to my country and get the visa stamped on my passport
4) come back to work on H1 visa, provided I still have a job
5) file motion to reopen and supply the (hopefully) favorable advisory opinion from the Department of State
6) hope CIS agrees to reopen the case and go through the whole 9 yards -- FP, background checks, security checks and what not, interview
I would like to hope for some other, unforseen option to muddle through this mess, but my mind tells me there is no other way.
So this is why I am in big doubt. Damn it, is it worth to spend all these efforts, and time and money, for a green piece of plastic ? Even if get to see the successful end, am I going to be able to enjoy it ?
The one reason I am posting this is to show that sometimes, no matter how much efforts one makes, man is simply helpless.
Thank you for reading this. Good luck to you all.