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J-1 Visa and AoS for DV cases

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surya lamichhane

New Member
Hello, does anyone know if it is possible to adjust the status under J-1 visa situation. I will be travelling to US with J-1 visa next month and my DV case will also be current on the same month so I am a bit confused. I would really appreciate if anyone could help me with this situation.
 
OK so I how do I deal with this any ideas please. How do I demonstrate that I would want to adjust my status once I am in the States even though under J-1.
 
There's no way to demonstrate that. Your J visa was issued under the premise that you have no preconceived immigrant intent. If you had indicated a preconceived immigrant intent of adjusting your status when you went for the interview, the J visa wouldn't have been issued to you in the first place.
 
surya lamichhane said:
Hello, does anyone know if it is possible to adjust the status under J-1 visa situation. I will be travelling to US with J-1 visa next month and my DV case will also be current on the same month so I am a bit confused. I would really appreciate if anyone could help me with this situation.
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And if your CN is likely to become current next (same month you originally planned on entering the US), you're actually better off staying back and processing CP for your DV selection (assuming you already submitted your DS-260 form and selected a local embassy for the interview).
 
I have not applied for the visa but the University suggested me to apply for it. But I have my DV running too. What would be the best solution that I don't miss my DV.
 
yes I have already selected a place for my interview but the problem is my job starts from the first of May and my interview would somewhere in between May and June.
 
Complete your DV process back at home. Once you have that visa, you use that to enter the US and take up the offer from the university if you still wish to do so.

By the way, have you submitted your DS-260 form since you found out about your DV selection? If yes, when did you submit it? Also what's your CN (your region and the first 2 numbers after the zeros, you can blank out the rest of the numbers). Answering these questions will help us better guide you.
 
AS59xx will most likely become current in May (assuming you're not chargeable to Nepal, of course). What's not certain is if indeed you will be getting a May interview since you only submitted your DS-260 form a week ago.

You've already demonstrated an immigrant intent anyways with the DS-260 form submission, so I'm not even certain the embassy will grant you a J visa, which is a non-immigrant visa. You can contact the university and try to negotiate a new start date, it may help if you let them know you're in the midst of processing your GC selection.
 
I initially submitted my DS 260 on 11th May and unlocked it recently to change the interview place. I am chargeable to Nepal. Do you think this would have some influence on my case. OMG it looks like I am in a difficult situation.
 
If you're chargeable to Nepal, no guarantee you'll become current in May, Nepal is currently limited to 5,100 for the month of April while the rest of Asia is at 5,800.

If your original submission date is back in May, and the only change you made last week is with regards to the interview place, then you should be okay. Your interview will take place the month your CN becomes current.

By the way, I hope the change you made on your DS-260 wasn't that of changing from CP to AOS? If it was, you need to change that back to CP right away
 
NO I did not change anything else. So what would you think is the best solution to my problem. Would I be able to adjust my status under J-1 or its impossible.
 
Yes, there are people already in the US on a J visa who have successfully adjusted status. It's not the same situation as yours though, they were already in the US BEFORE deciding to process AOS. Not so in your case. What you're trying to do is known as having a preconceived immigrant intent while entering the US on a none immigrant visa, it is frowned upon.

In order for a NIV to be issued, one is required to prove to the IO at the time of their interview that their stay in the US will be a temporary one, that they do not plan on adjusting their status while in the US. If you attend a NIV interview and inform the IO you do plan on adjusting status while in the US, the NIV will definitely not be granted as they don't like people doing that.

So like I responded earlier, you're better off completing your DV selection through CP. Plus the AOS process is actually a bit more complicated than you realize.
 
surya lamichhane said:
yes I have already selected a place for my interview but the problem is my job starts from the first of May and my interview would somewhere in between May and June.
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Explain to your job that you need an extra month or possibly two. There is no guarantee you'd be granted another visa anyway under the circumstances, as sm1smom has explained, so the start date of the job isn't guaranteed anyway.

At the end of the day if you need to choose between a job or a green card what would you choose? I'd think if you already have an offer from still being in Nepal it would be very easy for you to find something once you have a green card and are in the US, even if your current offer is too shortsighted to hold it for you.

surya lamichhane said:
NO I did not change anything else. So what would you think is the best solution to my problem. Would I be able to adjust my status under J-1 or its impossible.
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Like mom keeps saying, if you apply for a J1 now you would be in trouble trying to do AOS after. You wouldn't be granted it anyway as the embassy should know about your DV application.
 
Dear All thanks a lot for the great information. So you all think applying for J1 would be BS right. Please do let me know if you guys could think of anything else.
 
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surya lamichhane said:
Dear All thanks a lot for the great information. So you all think applying for J1 would be BS right. Please do let me know if you guys could think of anything else.
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Hmmn, a little bit of clarification here: it's not a case of us (or me specifically) thinking "applying for J1 would be BS". It's really more of:
1. You can't enter the US on a NIV with an the preconceived immigrant intent of status adjustment.
2. The fact that you've already submitted your DS-260 form (demonstrated an immigrant intent) makes it highly unlikely that a J1 visa would be issued to you.
3. The AOS process is a lot more complicated than you realize. Assuming the J1 visa is issued to start with, it probably may come with a 2 year home residency requirements which you need to meet before being allowed to adjust status from within the US. Not sure you'll have enough time to get the applicable waiver for that to start with.
 
Will it be OK if I apply for J-1 visa by unlocking the DS-26o form and not submitting it. Will I have problem with J-1 visa application in this case
 
Unlocking the form isn't going to make any difference AFAIK. The DS-260 form's initial submission has already shown that immigrant intent.

Even if unlocking the DS-260 form can miraculous result in a J visa being issued, are you saying you're willing to forgo your DV selection? Bottom line is you can't enter the US on a NIV when you already clearly have an immigrant intent - planning to process AOS!
 
Sm1smom said:
Unlocking the form isn't going to make any difference AFAIK. The DS-260 form's initial submission has already shown that immigrant intent.
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Exactly this.

I'm completely confused as to why this person keeps on wanting to pursue a J1 visa when his DV will be current at the same time he intends to travel. Honestly Surya, if you are serious about emigrating, you need to take a long term view. As I already said, if your job can't hold off for a month, I doubt you'll have any problem finding another, and it will probably be much easier to do that once you are in the US and in possession of a green card.
 
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