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J-1 and Green Card--Please post here
- Thread starter rkottani
- Start date
I have been working on J-1. Recently got final waiver from USCIS-VSC and had already applied for I-140. Planning to apply for I-485 this month. it is my understanding (also from lawyer) that GC application is separate process and it does not get affected by one holding J-1.
But one needs to show Waiver when applying for I-485.
But one needs to show Waiver when applying for I-485.
Hello gang
On Sunday, I got an email from CRIS 8:00 am that an approval notice was sent. SO my case got approved (NIW, received on Dec 10, 2007 at TSC)
Thanks to all the forum members for the help and advises. This was a self petition from A to Z. Special thanks to Helpinghand and ChrisV for the information they offered.
I am posting her because I have a number of questions and I will try to be organized as much as I can:
1- I am on J-1 and I would like to apply now for I-485,
I just renewed my DS-2019 till July 1st of 2009. What will my status be if I apply I-485. Will my J-1 still be ok? Can I still work on J-1 or do I have to get an EAD and use it? I would sure prefer to stay on J-1.
2-I understand that I should include a J-1 waiver or at least show that I am not under the 2-year home requirement. My J-1 visa is stamped with No 2-year home residency requirement. However, I went through some of the forums and I was informed that a visa stamp is not a final decision on that issue and that I should not fall under any of 3 categories listed on the US. dept. of state website. Ok...so I am not a physician, the country where I am from does not even exist in the skill list on the US Dep. of state website.
I was funded by the University mostly on private grants to a professor (is this considered gov. funding and how do I find out)? If I am not funded by gov. then I do not need a waiver, am I correct?
3- If I request an advisory opinion from USDS, would that affect my J-1 or its renewal in future years at all?
4- If I do not need a waiver or if I do, what would my husband situation be (he is on J-2), i.e. does he need to have a waiver?
Thank you
HNKS
On Sunday, I got an email from CRIS 8:00 am that an approval notice was sent. SO my case got approved (NIW, received on Dec 10, 2007 at TSC)
Thanks to all the forum members for the help and advises. This was a self petition from A to Z. Special thanks to Helpinghand and ChrisV for the information they offered.
I am posting her because I have a number of questions and I will try to be organized as much as I can:
1- I am on J-1 and I would like to apply now for I-485,
I just renewed my DS-2019 till July 1st of 2009. What will my status be if I apply I-485. Will my J-1 still be ok? Can I still work on J-1 or do I have to get an EAD and use it? I would sure prefer to stay on J-1.
2-I understand that I should include a J-1 waiver or at least show that I am not under the 2-year home requirement. My J-1 visa is stamped with No 2-year home residency requirement. However, I went through some of the forums and I was informed that a visa stamp is not a final decision on that issue and that I should not fall under any of 3 categories listed on the US. dept. of state website. Ok...so I am not a physician, the country where I am from does not even exist in the skill list on the US Dep. of state website.
I was funded by the University mostly on private grants to a professor (is this considered gov. funding and how do I find out)? If I am not funded by gov. then I do not need a waiver, am I correct?
3- If I request an advisory opinion from USDS, would that affect my J-1 or its renewal in future years at all?
4- If I do not need a waiver or if I do, what would my husband situation be (he is on J-2), i.e. does he need to have a waiver?
Thank you
HNKS
Last edited by a moderator:
Congrats on ur -140 approval.
Hello gang
On Sunday, I got an email from CRIS 8:00 am that an approval notice was sent. SO my case got approved (NIW, received on Dec 10, 2007 at TSC)
Thanks to all the forum members for the help and advises. This was a self petition from A to Z. Special thanks to Helpinghand and ChrisV for the information they offered.
I am posting her because I have a number of questions and I will try to be organized as much as I can:
1- I am on J-1 and I would like to apply now for I-485,
I just renewed my DS-2019 till July 1st of 2009. What will my status be if I apply I-485. Will my J-1 still be ok? Can I still work on J-1 or do I have to get an EAD and use it? I would sure prefer to stay on J-1.
Applying to I-485 will not jeopardize your current J-1 status and you dont' need to EAD. However under fee system, AOS application costs $1010 that includes I-485, AP and EAD.
2-I understand that I should include a J-1 waiver or at least show that I am not under the 2-year home requirement. My J-1 visa is stamped with No 2-year home residency requirement. However, I went through some of the forums and I was informed that a visa stamp is not a final decision on that issue and that I should not fall under any of 3 categories listed on the US. dept. of state website. Ok...so I am not a physician, the country where I am from does not even exist in the skill list on the US Dep. of state website.
I was funded by the University mostly on private grants to a professor (is this considered gov. funding and how do I find out)? If I am not funded by gov. then I do not need a waiver, am I correct?
Are you sure that you dont a need a J-1 waiver. If in doubt you can ask for a advisory opinion from DOS.
3- If I request an advisory opinion from USDS, would that affect my J-1 or its renewal in future years at all?
Not at all
4- If I do not need a waiver or if I do, what would my husband situation be (he is on J-2), i.e. does he need to have a waiver?
The dependent (your husband) status is depend on your status. As long as you are in J-1, his status remains as J-2 and he will loose his status the moment you loose your J-1 status. Dependents don't need a separate J-1 waiver from DOS incase if you are subject to. Only Primary need to obtain waiver
Thank you
HNKS
A few points to add to the above discussion:
1- Once you have applied for a J-1 waiver, you may run into problems extending or renewing your J-1 status. Once the state department issues its recommendation, it is impossible to renew/extend your DS-2019 or renew your visa abroad.
2- Applying for I-140 or I-485 while on a J-1 can jeopardize your J-1 status if you are not careful. In addition to the fact that you cannot renew a J-1 visa because you indicated immigrant intent by filing an immigrant petition (I-140), you may not be readmitted to the US in J-1 status even if your visa /DS-2019 is valid, because you have indicated that you are not planning to abide by your J-1 visa conditions (i.e. be an exchange visitor and return home), and you are actually planning to become an immigrant. So I would time I-140/I-485 applications carefully so they don't coincide with travel abroad and that you have enough time left on your current DS-2019 before your I-485 is filed so that you remain legally in the US after your J-1 expires. In your case, do not travel until you file I-485 and obtain your advanced parole document. As Lakksh said, you may continue your J-1 status as long as you don't leave the US (the USCIS leans towards the position that you are no longer in J status once you have filed your I-485, but it hasn't enforced this position and applicants such as yourself can still be considered in J-1 status as long as they don't leave the US). If you were to leave and come back as a parolee, then you would need your EAD to continue working even if your DS-2019 is still valid, because you are no longer in J status.
3- In order to file I-485, you must attach to your application at least the favorable recommendation from the Department of State, if you don't have the final USCIS J-1 waiver. Again, if you obtain the DOS favorable recommendation, even if you haven't yet filed I-140/I-485, I wouldn't travel as you risk not being readmitted because, by obtaining a J-1 waiver, you indicated you do not intend to comply with the J-1 conditions of returning home.
4- As lakksh said, a person on a J-2 does not need to apply for a separate waiver. However, if your spouse obtains his/her own J-1, then the spouse will need a separate waiver for him/herself. This doesn't seem to apply in your case though.
1- Once you have applied for a J-1 waiver, you may run into problems extending or renewing your J-1 status. Once the state department issues its recommendation, it is impossible to renew/extend your DS-2019 or renew your visa abroad.
2- Applying for I-140 or I-485 while on a J-1 can jeopardize your J-1 status if you are not careful. In addition to the fact that you cannot renew a J-1 visa because you indicated immigrant intent by filing an immigrant petition (I-140), you may not be readmitted to the US in J-1 status even if your visa /DS-2019 is valid, because you have indicated that you are not planning to abide by your J-1 visa conditions (i.e. be an exchange visitor and return home), and you are actually planning to become an immigrant. So I would time I-140/I-485 applications carefully so they don't coincide with travel abroad and that you have enough time left on your current DS-2019 before your I-485 is filed so that you remain legally in the US after your J-1 expires. In your case, do not travel until you file I-485 and obtain your advanced parole document. As Lakksh said, you may continue your J-1 status as long as you don't leave the US (the USCIS leans towards the position that you are no longer in J status once you have filed your I-485, but it hasn't enforced this position and applicants such as yourself can still be considered in J-1 status as long as they don't leave the US). If you were to leave and come back as a parolee, then you would need your EAD to continue working even if your DS-2019 is still valid, because you are no longer in J status.
3- In order to file I-485, you must attach to your application at least the favorable recommendation from the Department of State, if you don't have the final USCIS J-1 waiver. Again, if you obtain the DOS favorable recommendation, even if you haven't yet filed I-140/I-485, I wouldn't travel as you risk not being readmitted because, by obtaining a J-1 waiver, you indicated you do not intend to comply with the J-1 conditions of returning home.
4- As lakksh said, a person on a J-2 does not need to apply for a separate waiver. However, if your spouse obtains his/her own J-1, then the spouse will need a separate waiver for him/herself. This doesn't seem to apply in your case though.
Thank you
Very helpful information
So, in brief, Do not leave the US to avoid denial at the port enrty and other consequental issues.
I understood the same applies to my husband, am I right? No travel before I-485 submission and after submission, he must have travel document to be able to re-enter and in this case he won't be able to use his EAD (j-2) and get another EAD (Parolee status). am I correct?
Would you happen to know how long it takes to get an advisory opinion from DOS?
Thanks
HNKS
Very helpful information
So, in brief, Do not leave the US to avoid denial at the port enrty and other consequental issues.
I understood the same applies to my husband, am I right? No travel before I-485 submission and after submission, he must have travel document to be able to re-enter and in this case he won't be able to use his EAD (j-2) and get another EAD (Parolee status). am I correct?
Would you happen to know how long it takes to get an advisory opinion from DOS?
Thanks
HNKS
An advisory opinion shouldn't take long. I got one in one month? But I was advised to apply for a waiver. Check out the details from their website. I remembered that they listed out everything including processing time. In my impression, the DOS do adhere to the processing time listed on their website. I got a waiver easily after I submitted the documents (I am a Canadian). Then I obtained a H1B, then applied for the GC.
Thank you llp1 for the information
What worries me is that I do not know anyone from my country who has this J-1 waiver and no one seems to know how to get a no-objection statment from my country as well. As I mentioned earlier, it doesn't exist in the skill list of the DOS.
Do I really need to submit a favorable recommendation with I-485 application?? Has anyone not been subjected to this rule (2-years at home) before?
thanks
What worries me is that I do not know anyone from my country who has this J-1 waiver and no one seems to know how to get a no-objection statment from my country as well. As I mentioned earlier, it doesn't exist in the skill list of the DOS.
Do I really need to submit a favorable recommendation with I-485 application?? Has anyone not been subjected to this rule (2-years at home) before?
thanks
Check the visa stamp on your passport... if there is no such thing like this statement " INA 212(e) Two-Year Home Country Physical Presence Requirement". You do not need to get J1 waiver. However to be on safe side send one letter to the address below for their opinion. They will not ask you to go through the process if you are really not subject to this INA 212(e) rule. You can use their response as an authentic document to apply for other visa category or GC.
Address:
INA 212(e) Advisory Opinion Request
Waiver Review Division, CA/VO/L/W
U.S. Department of State
2401 E Street, NW, (SA-1, L-603)
Washington, DC 20522-0106
you can find this information here :
http://travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf
http://travel.state.gov/visa/temp/info/info_1296.html
Good luck!
Address:
INA 212(e) Advisory Opinion Request
Waiver Review Division, CA/VO/L/W
U.S. Department of State
2401 E Street, NW, (SA-1, L-603)
Washington, DC 20522-0106
you can find this information here :
http://travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf
http://travel.state.gov/visa/temp/info/info_1296.html
Good luck!
Thank you llp1 for the information
What worries me is that I do not know anyone from my country who has this J-1 waiver and no one seems to know how to get a no-objection statment from my country as well. As I mentioned earlier, it doesn't exist in the skill list of the DOS.
Do I really need to submit a favorable recommendation with I-485 application?? Has anyone not been subjected to this rule (2-years at home) before?
thanks
Don't worry about being funded by a grant. Thats not considered "government funding". The University gets government funding, you get paid by the University. "Government funding" in this context means you get money directly from the government, i.e. a Fulbright scholarship. Getting an advisory opinion is a good idea, but don't lose any sleep over it. You should be clear of the 2 year HRR as far as I can tell.
A few points to add to the above discussion:
1- Once you have applied for a J-1 waiver, you may run into problems extending or renewing your J-1 status. Once the state department issues its recommendation, it is impossible to renew/extend your DS-2019 or renew your visa abroad.
2- Applying for I-140 or I-485 while on a J-1 can jeopardize your J-1 status if you are not careful. In addition to the fact that you cannot renew a J-1 visa because you indicated immigrant intent by filing an immigrant petition (I-140), you may not be readmitted to the US in J-1 status even if your visa /DS-2019 is valid, because you have indicated that you are not planning to abide by your J-1 visa conditions (i.e. be an exchange visitor and return home), and you are actually planning to become an immigrant. So I would time I-140/I-485 applications carefully so they don't coincide with travel abroad and that you have enough time left on your current DS-2019 before your I-485 is filed so that you remain legally in the US after your J-1 expires. In your case, do not travel until you file I-485 and obtain your advanced parole document. As Lakksh said, you may continue your J-1 status as long as you don't leave the US (the USCIS leans towards the position that you are no longer in J status once you have filed your I-485, but it hasn't enforced this position and applicants such as yourself can still be considered in J-1 status as long as they don't leave the US). If you were to leave and come back as a parolee, then you would need your EAD to continue working even if your DS-2019 is still valid, because you are no longer in J status.
3- In order to file I-485, you must attach to your application at least the favorable recommendation from the Department of State, if you don't have the final USCIS J-1 waiver. Again, if you obtain the DOS favorable recommendation, even if you haven't yet filed I-140/I-485, I wouldn't travel as you risk not being readmitted because, by obtaining a J-1 waiver, you indicated you do not intend to comply with the J-1 conditions of returning home.
4- As lakksh said, a person on a J-2 does not need to apply for a separate waiver. However, if your spouse obtains his/her own J-1, then the spouse will need a separate waiver for him/herself. This doesn't seem to apply in your case though.
good points raised !!! I appreciate............Just one experience to share
In my laboratory ............J1 guy applied without Waiver .............for I-140 ...........got approved, then he applied for I-485..........wife and son got approved but he got RFE. he was told to get that within 90 days.
good points raised !!! I appreciate............Just one experience to share
In my laboratory ............J1 guy applied without Waiver .............for I-140 ...........got approved, then he applied for I-485..........wife and son got approved but he got RFE. he was told to get that within 90 days.
You certainly don't need a J-1 waiver to file an immigrant petition such as I-140, but you do need it to change status to H, L, or immigrant (I-485). So there is nothing strange about your labmate getting I-140 approved. What is strange, however, is that a dependent's I-485 was approved before the principal applicant was approved... unless the wife and son filed I-485 because of wife's own immigrant petition that is not related to her husband's petition. If she was a J-2, that is even more puzzling.
You certainly don't need a J-1 waiver to file an immigrant petition such as I-140, but you do need it to change status to H, L, or immigrant (I-485). So there is nothing strange about your labmate getting I-140 approved. What is strange, however, is that a dependent's I-485 was approved before the principal applicant was approved... unless the wife and son filed I-485 because of wife's own immigrant petition that is not related to her husband's petition. If she was a J-2, that is even more puzzling.
I agree! although strange things are also part of USCIS decisions! This student of mine had wife on independent H1 VISA also but applied as dependent in GC petition.
Last edited by a moderator:
Hello, your help would be really appreciated =)
Based on the information below, do you believe I would be subject to the 2 HRR?
I came to the US in 2001 on a J-1 (reciprocal exchange with my home university in Europe) and the US university.
The J-1 stamps (2) state “NOT SUBJECT TO”
The initial IAP66 with which I first entered clearly shows that there were no US/foreign gov. financing involved, the US school (the program sponsor starting with P-XXX-XXX) covered $14,000 and I covered the rest with personal funds, the “personal funds” box is checked. However, the officer DID not check any box as to whether I am subject to HHR or don’t.
I then had other IAP 66s which were extended from the US, so it doesn’t show any stamps from the officer, but same thing, no financing from any international sources.
My country of citizenship & last residence was and is still not on the skills list (European Country)
We provided the following:
Copy of J1 stamps
Copy of IAP66s and DS2019
A letter from University in Home country stating that no funds were received from home government
Letter from US University confirming that no funds were received from US government
Copy of an F-1 visa which was issued to me in my home country 3 months after I left the US
Copies of H-1B approval notices, which were approved with a change of status from F-1 to H-1B in the US (if I were subject to the 2HRR, the H-1B should have not been issued)
My questions:
1) Do you think the evidence provided will be sufficient? I am worried that the officer forgot to check the “is or is not subject to” box.
2) I have never applied for a waiver because my records clearly showed that I wasn’t subject to it. Will USCIS accept alternate evidence and not necessarily only a waiver approval?
3) What should I do in case the 485 is rejected?
4) Will the USCIS issue a denial once an RFE has been submitted, or will I also receive 90 days to respond to their request.
Thank you so much for your help.
Sarah
Based on the information below, do you believe I would be subject to the 2 HRR?
I came to the US in 2001 on a J-1 (reciprocal exchange with my home university in Europe) and the US university.
The J-1 stamps (2) state “NOT SUBJECT TO”
The initial IAP66 with which I first entered clearly shows that there were no US/foreign gov. financing involved, the US school (the program sponsor starting with P-XXX-XXX) covered $14,000 and I covered the rest with personal funds, the “personal funds” box is checked. However, the officer DID not check any box as to whether I am subject to HHR or don’t.
I then had other IAP 66s which were extended from the US, so it doesn’t show any stamps from the officer, but same thing, no financing from any international sources.
My country of citizenship & last residence was and is still not on the skills list (European Country)
We provided the following:
Copy of J1 stamps
Copy of IAP66s and DS2019
A letter from University in Home country stating that no funds were received from home government
Letter from US University confirming that no funds were received from US government
Copy of an F-1 visa which was issued to me in my home country 3 months after I left the US
Copies of H-1B approval notices, which were approved with a change of status from F-1 to H-1B in the US (if I were subject to the 2HRR, the H-1B should have not been issued)
My questions:
1) Do you think the evidence provided will be sufficient? I am worried that the officer forgot to check the “is or is not subject to” box.
2) I have never applied for a waiver because my records clearly showed that I wasn’t subject to it. Will USCIS accept alternate evidence and not necessarily only a waiver approval?
3) What should I do in case the 485 is rejected?
4) Will the USCIS issue a denial once an RFE has been submitted, or will I also receive 90 days to respond to their request.
Thank you so much for your help.
Sarah
1. I think the evidence you provided is sufficient.
2. USCIS has the right to ask for more evidence as the officer sees fit. Given the evidence you provided, it is unlikely that you will be asked for more evidence. But the possibility always exists that you will be. For example, you could be asked to provide an advisory opinion (but again, it's unlikely).
3. Do you still have an underlying H-1B status? If so, you'll maintain that status. In the meantime you could look into a motion to reopen or a motion to reconsider if applicable.
4. By definition an RFE is a "request for evidence" which means they'll give you a specified time (90 days or less) to respond. For J-1 HRR evidence they will usually issue an RFE and give you time to respond. They won't deny outright.
If you want peace of mind, you can request an advisory opinion (see #3 on this page) right now to have it ready in case you ever get an RFE on your I-485. Again, it's unlikely that you'll need it, but if you want peace of mind you can just do that.
2. USCIS has the right to ask for more evidence as the officer sees fit. Given the evidence you provided, it is unlikely that you will be asked for more evidence. But the possibility always exists that you will be. For example, you could be asked to provide an advisory opinion (but again, it's unlikely).
3. Do you still have an underlying H-1B status? If so, you'll maintain that status. In the meantime you could look into a motion to reopen or a motion to reconsider if applicable.
4. By definition an RFE is a "request for evidence" which means they'll give you a specified time (90 days or less) to respond. For J-1 HRR evidence they will usually issue an RFE and give you time to respond. They won't deny outright.
If you want peace of mind, you can request an advisory opinion (see #3 on this page) right now to have it ready in case you ever get an RFE on your I-485. Again, it's unlikely that you'll need it, but if you want peace of mind you can just do that.
some questions
Hi,
I am planning to apply for Green Card from my J1 and have the following questions:
- what if I apply concurrently (employment based petition I140 and AOS I485) and I140 gets rejected. Is the AOS invalid, or can I apply for another I140 maybe on a different base (I heard one can have several I140 at the same time). I don't want to pay another fee for another I485.
- can I apply for AOS anytime during the process or only: either concurrently or after acceptance of I140?
- can I apply for Advance Parole and EAD at any time after submitting I458 without paying an extra fee, or only concurrently?
- after obtaining EAD and Adv.Parole, can I simply not use it to maintain my non-immigrant visa status? Does this also work for J1? I heard J1's may stay and work, but not reenter the US on J1. So if I140 gets rejected, I may work till end of J1, but not travel, if I did not use EAD or AP. But if I used it, I have to leave (or can I then quickly change to H1B)?
Hi,
I am planning to apply for Green Card from my J1 and have the following questions:
- what if I apply concurrently (employment based petition I140 and AOS I485) and I140 gets rejected. Is the AOS invalid, or can I apply for another I140 maybe on a different base (I heard one can have several I140 at the same time). I don't want to pay another fee for another I485.
- can I apply for AOS anytime during the process or only: either concurrently or after acceptance of I140?
- can I apply for Advance Parole and EAD at any time after submitting I458 without paying an extra fee, or only concurrently?
- after obtaining EAD and Adv.Parole, can I simply not use it to maintain my non-immigrant visa status? Does this also work for J1? I heard J1's may stay and work, but not reenter the US on J1. So if I140 gets rejected, I may work till end of J1, but not travel, if I did not use EAD or AP. But if I used it, I have to leave (or can I then quickly change to H1B)?
Highwind,
1- The AOS will be denied if the underlying I-140 is denied. You can file multiple I-140s before (or concurrently with) your I-485 though.
2- You can apply for AOS concurrently if your I-140 is under the EB-1 category, or EB-2 if you are not from India or China. Otherwise, you have to wait until your priority date becomes current.
3- If you have a submitted I-485, you can file for your EAD and AP at any time without fee.
4- If you don't use your EAD, you can probably get by with claiming J-1 status as long as your DS-2019 is still valid. But you can't expect to travel and reenter the US with your J-1 visa if you have filed an immigrant petition.
Remember that you cannot file for H-1b or AOS if you are subject to the 2-year home residency requirement.
1- The AOS will be denied if the underlying I-140 is denied. You can file multiple I-140s before (or concurrently with) your I-485 though.
2- You can apply for AOS concurrently if your I-140 is under the EB-1 category, or EB-2 if you are not from India or China. Otherwise, you have to wait until your priority date becomes current.
3- If you have a submitted I-485, you can file for your EAD and AP at any time without fee.
4- If you don't use your EAD, you can probably get by with claiming J-1 status as long as your DS-2019 is still valid. But you can't expect to travel and reenter the US with your J-1 visa if you have filed an immigrant petition.
Remember that you cannot file for H-1b or AOS if you are subject to the 2-year home residency requirement.