J-1 transfer and AOS

S

SGG1760

New Member
Here is our situation. I am a U.S. citizen. My fiancee is a postdoc on a J1 (DS2019 valid until Aug 31) in another state. She has received a job offer at a univ in my city to start work on Aug 15. An advisory opinion of "Not subject" to HRR and a "favorable recommendation" on "No Objection" case have been posted on the State Dept waiver system website a couple of days ago. (Of course, no letters received yet). We are planning to get married next month (July 4). We also want to travel out of the country in December. Which of the following paths can we follow ?

1. File for her GC after getting married (I130, I485 etc.) along with EAD application and advanced parole for dec travel. She will then have to wait till she gets her EAD to start work. This will most likely go beyond her Aug 15 start date.

2. Apply for J-1 transfer to new univeristy. Once transfer is done, then apply for GC, EAD card, advanced parole etc.

3. Apply for GC as well as for the J-1 transfer.

Can option 1 be done while still waiting for the waiver letter from BCIS ?

Is the "advisory opinion/no objection" linked to the current university in which case option 2 is not viable ?

Is option 3 even an option ?

Thanks in advance for your input.

-SG.
 
I'd go with option 1.

Plus, with option 2, if she gets a new J-1, it may carry a new HRR with it. If it doesn't, you can go with option 3, so she could start to work earlier.

If you already got an advisory opinion that she is not a subject to HRR, why bother with the no-objection waiver???? And, yes, you can file for AOS with a copy of favorable recommendation.
 
Thanks, LucyMO.

Found out that once a waiver application goes to DOS, cannot apply for J1 transfer or extension. Is this true ?

If yes, then options 2 & 3 are out. For Option 1, you mention "can file for AOS with a copy of favorable recommendation." When does one get this copy ?
(Here are the dates on the waiver website...

Advisory opinion "Not subject" and 212(e) finding letter sent date = June 10

No Objection "Favorable recommendation" sent date = June 13).

Thanks again.

-SG.
 
you should be getting the favorable recommendation/advisory opinion any day now. With one of them you can apply for either change of status or adjustment of status.
 
Just found out after calling the NCSC 800 number that one cannot file I-485 for AOS without appoval of waiver from USCIS. Waiver recommendation letter from Dept of State is not sufficient. So we are now trying to figure out how long the Nebraska Service Center takes to approve a waiver. Anyone received one from them lately ?

Question for Mandrekar...

Your approval from USCIS took less than a month after favorable recommendation from Dept of State.
Which Service Center did you get your approval from ?

Thanks.

-SG.
 
Texas Service Center.

And I did apply for AOS with just a copy of the favorable recommendation. i got the waiver about three weeks after that and I sent a copy of it as well to be added to my application.

People answering phones at 1-800 are not immigration officers. They are clerks from a private company, and sometimes immigrants get erroneous information from them. In the case of no objection letter AOS process can be started with the fav. recommendation. in the case of hardship waiver - it cannot.
 
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