CHALLENGING SITUATION ? Please HELP me.

AJ70

New Member
Hi,

I am very worried. Please read my long story / situation and please help/comment.

1.Came from India to US in October 2002 on J1 Research Scholar, I 94 was endorsed as D/S.
Worked with Sponsor X in research organization for 2.5 yeras

2.Moved to sponsor Y on J1 (same category Research Scholar)in begining of 2005, however mistake occured by Responsible Officer (RO) as he did not seek my J1 transfer from sponsor X to sponsor Y.Instead issued me DS 2019 to begin a new program for 1 year. I was not aware of this hapening.

There are NO gaps of dates in my J1 programs. All dates are overlapping.

3.I applied for J1 No objection wavier in May 2005.

4. I understood mistake of NOT transferring J1 from sponsor X to Y. I brought it to notice of my RO and supervisor.It was already more than 180 days but less than 270 days begining a new program.While we were working on filing re-instatement of my J1 visa, DOS favourably recommended J1 wavier. In this situation even if one files j1 re-instatement it will be denied as per rules. I do not know if my RO filed re-instatement or not?

5.However, since I have my J1 DS 2019 up to Jan 2006, I am still working with sponsor Y ON J1.

6. I filed NIW concurrent in August 2005, and my I-140, EAD is approved and got FP code 3 notice.I did not begin to use EAD so far.The NIW was filed my self in August 2005 , using a kit. My NIW is NOT sponsored by employer.

I have a USC child 1 year old. Spouse is Indian, and not USC or GC.

What will be the fate of my I-485 and AOS when PD becomes current for EB2 NIW India. Will my AOS / I 485 will be denied? I am not having any felony, criminal record etc.

What are the options to deal with the problems if AOS/485 is denied, when PD becomes current.

I will start using my EAD from Feb 2005 with another employer in same field of research. I can change employer because, my NIW is self petitioned.

If there is a ways to deal with this situation, I plan to hire services of competent attorney. Rajiv Khanna Ji or his associates may also please advise.

I want to get prepared for the situation in advance.

Should I file for Canadian immigration?

AJ70
 
AJ70 said:
Hi,

I am very worried. Please read my long story / situation and please help/comment.

1.Came from India to US in October 2002 on J1 Research Scholar, I 94 was endorsed as D/S.
Worked with Sponsor X in research organization for 2.5 yeras

2.Moved to sponsor Y on J1 (same category Research Scholar)in begining of 2005, however mistake occured by Responsible Officer (RO) as he did not seek my J1 transfer from sponsor X to sponsor Y.Instead issued me DS 2019 to begin a new program for 1 year. I was not aware of this hapening.

There are NO gaps of dates in my J1 programs. All dates are overlapping.

3.I applied for J1 No objection wavier in May 2005.

4. I understood mistake of NOT transferring J1 from sponsor X to Y. I brought it to notice of my RO and supervisor.It was already more than 180 days but less than 270 days begining a new program.While we were working on filing re-instatement of my J1 visa, DOS favourably recommended J1 wavier. In this situation even if one files j1 re-instatement it will be denied as per rules. I do not know if my RO filed re-instatement or not?

5.However, since I have my J1 DS 2019 up to Jan 2006, I am still working with sponsor Y ON J1.

6. I filed NIW concurrent in August 2005, and my I-140, EAD is approved and got FP code 3 notice.I did not begin to use EAD so far.The NIW was filed my self in August 2005 , using a kit. My NIW is NOT sponsored by employer.

I have a USC child 1 year old. Spouse is Indian, and not USC or GC.

What will be the fate of my I-485 and AOS when PD becomes current for EB2 NIW India. Will my AOS / I 485 will be denied? I am not having any felony, criminal record etc.

What are the options to deal with the problems if AOS/485 is denied, when PD becomes current.

I will start using my EAD from Feb 2005 with another employer in same field of research. I can change employer because, my NIW is self petitioned.

If there is a ways to deal with this situation, I plan to hire services of competent attorney. Rajiv Khanna Ji or his associates may also please advise.

I want to get prepared for the situation in advance.

Should I file for Canadian immigration?

AJ70


I think your situation might be quite complicated and I would at least discuss this with a lawyer instead of relying only on a MB since we all here don't have enough knowledge with such situation and it is very crucial for you to make the reight decisions now.
 
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