It doesn't matter you include it or not. F1 visa only qualifies you to work on campus.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
Hi everyone,
I looked at the spreadsheet that Sm1smom posted at the beginning of this thread, but I still had a few questions:
Just to explain first, my number is 2017EU00002XXX. I came to the US in Oct 2012 for my PhD on a J1 visa (two year rule DOES apply), and my visa ran out at the end of 2014. I still stayed in the US after my visa expired since my DS2019 from my school was still valid which allowed me to stay and continue my work/studies. I was also employed by the University during that time. Early 2015 I returned back home to Germany and got a new J1 visa (this time the two year does NOT apply), still valid DS2019.
In early June 2016 I sent my DS260 to the KCC with the intention to file an AoS later in the year. I'm currently still in the US finishing my degree (valid DS2019, and J1 visa: two year rule does NOT apply, and both of those document are still good through late 2017).
My questions now are:
1) Based on what I told you, am I eligible to file an AoS? BritSimonsays mentioned something that I'd be eligible if I never was out of status I should be fine.
2) I have not received my 2NL, yet? How long will it take the KCC to send the 2NL confirming that I intend to go for AoS with the USCIS? Should I contact them about it or better not hassle them? Is it an actual letter or just an email?
3) Can I already go ahead and pay the DV fee ($330)?
I hope you could help me out. Thank you!
Best,
Basti_AA
I looked at the spreadsheet that Sm1smom posted at the beginning of this thread, but I still had a few questions:
Just to explain first, my number is 2017EU00002XXX. I came to the US in Oct 2012 for my PhD on a J1 visa (two year rule DOES apply), and my visa ran out at the end of 2014. I still stayed in the US after my visa expired since my DS2019 from my school was still valid which allowed me to stay and continue my work/studies. I was also employed by the University during that time. Early 2015 I returned back home to Germany and got a new J1 visa (this time the two year does NOT apply), still valid DS2019.
In early June 2016 I sent my DS260 to the KCC with the intention to file an AoS later in the year. I'm currently still in the US finishing my degree (valid DS2019, and J1 visa: two year rule does NOT apply, and both of those document are still good through late 2017).
My questions now are:
1) Based on what I told you, am I eligible to file an AoS? BritSimonsays mentioned something that I'd be eligible if I never was out of status I should be fine.
2) I have not received my 2NL, yet? How long will it take the KCC to send the 2NL confirming that I intend to go for AoS with the USCIS? Should I contact them about it or better not hassle them? Is it an actual letter or just an email?
3) Can I already go ahead and pay the DV fee ($330)?
I hope you could help me out. Thank you!
Best,
Basti_AA
Thank You
Sm1smom
Super Moderator
1. You're eligible to process AOS if you've never stayed in the US beyond your authorized stay, never undertaken unauthorized employment, never entered the US illegally - that's what Simon meant by if you've never been out of status. And based on what you've started so far, you're eligible to process AOS.
Now, one thing I feel needs to be addressed is your first J visa with the 2 year home residency requirement which I feel is still applicable in your case and may prevent your GC petition from being approved. For further clarification on whether that requirement is still applicable (which I feel is), I suggest you seek an Advisory Opinion - get a statement from the Waiver Review Division. You'll need to send in copies of DS-2019/IAP-66 forms.
2. The AOS process spreadsheet has addressed how long the 2NL could take. There's no need to contact KCC for this, and if you do, they will end up telling you they don't send 2NL for AOS which is not accurate. They will send out an email.
3. When you make the payment is your call. The AOS spreadsheet has the needed guidance regarding when to make this payment.
Sm1smom
Super Moderator
Not sure what you mean by an employer waiving the 2 year requirements.
If you're talking about the 2 year home residency requirements associated with a J visa for instance, that has nothing to do with an employer. It's a government requirement. It is possible to obtain a waiver, but that has to come from the DOS following a notice of no objection from your applicable home country.
Yes, the 2 year home residency requirement. In my contract with my employer it is stated that the 2 year home residency requirement can be waived in exceptional circumstances. I was wondering if winning the DV lottery would be a special circumstance that can be waived by my employer. Thanks!
Sm1smom
Super Moderator
Again, your employer cannot waive this governmental requirement, your employer did not initiate the requirement. Your employer is not the body responsible for approving your AOS petition. I already explained the fact that a waiver is possible, but you have to apply for the waiver from the right body.
EURO2014
Well-Known Member
What you have to get sorted out, I believe, is whether or not the fact that you held a J-1 with 2-year HRR and a subsequent J-1 without HRR, has any implications on residual HRR from your first J-1, specifically in case these two J-1's have been sponsored by the same University and you studied the same subject, as HRR inter alia is connected to the area of study, as perceived by home country government to be in demand at home. Makes sense?
No, that is not the issue. I am a foreign exchange worker, not student. My home country requires a 2 year residency waiver, but there is a stipulation in the contract stating that two year requirement can be waived in special circumstances. I was trying to find out first if winning the DV lottery and having a low case number might be a special circumstance. Thank you though!
Sm1smom
Super Moderator
This response is not applicable to the person you've quoted.
EURO2014
Well-Known Member
Thank you, sorry for the oversight.
Sm1smom
Super Moderator
There are past DV selectees with pending home residency requirements who have successfully processed DV selection.
Having a low CN or being a foreign exchange worker on a J visa, and not a student has no bearing on the need for the waiver to be obtained from the DOS following the receipt of a notice of no objection from your home country. The waiver process is the same.
EURO2014
Well-Known Member
Thank you. The following information, you might already be aware of, does not make any distinction in respect to waiver requirements, as pertains to J Exchange Visitors, though: https://world.utexas.edu/io/forms/isss/waiver-of-HRR.pdf Any private agreement you may hold with your US employer/sponsor do not override these requirements as stated. Good luck!
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Sm1smom
Super Moderator
May I suggest we first try directing people to a US government website for further guidance on what we're trying to assist with in place of posting links from other sources? Of course it's okay to post links to other reputable sources if there are no government sources readily available or applicable to the topic of discussion. I would rather direct people to these following sites re 2 year HRR. The following links are more appropriate IMO:
https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/eligibility.html
https://travel.state.gov/content/vi...nt/residency-waiver/ds-3035-instructions.html
EURO2014
Well-Known Member
Sure, this makes perfect sense. In all cases, waiver requirement seems to be consistent for this case, presuming HRR from first J visa is applicable, which is why obtaining an Advisory Opinion will be a sensible next step. Thanks.
Sm1smom
Super Moderator
If one gets up under AP, the petition will not get approved until the AP process is complete. If the AP doesn't clear by Sept 30th COB, no further action will be taken on the case.
AP is not an automatic part of the process for everyone. Background checks, for AOSers, takes place after the biometrics gets captured. Some applicants may then end up in AP if their initial background check turns up with anything that needs further checking/clearance.
Does It mean that if someone gets up under AP, they don't invite to interview until clearance of AP?(In other words, will the petition be approved before interview? or after interview?)
Moreover, Is it possible that someone gets up under AP only based on their nationality?