J1 - F1 - H1B - Nothing

[Lynn2011]

My status is very complicated, and I feel like I am at the end of the road. I was J1 with 2-year HRR when I first entered into the States. Then I became F1 to finish up my PH.D at the university. Years later I worked as a Postdoctoral Research Professor some years with H1B (during that time I applied for GC but no approval or denial, simply due to the lawyer I hired (known from the web) didn't finish the case before he was disbarred). As of today, I have been over staying for a few months. My son turns 21 years old this month, and he became citizen months ago (my ex-husband married a U.S. citizen). I am going to apply for GC as a parent of a U.S. citizen. Will the J1 2-year HRR still be active? I am not sure if I will be able to succeed. If not, will I be deported? What should I do? Thank you in advance for your response!

 

[Jackolantern]

The 2 year HRR remains active for life, until you either spend the 2 years in your country or get it waived.

during that time I applied for GC but no approval or denial ...

You applied on what basis? Employment? Did you file I-485? If yes, they should have denied the I-485 because of your unfulfilled HRR. They might have denied it and you just don't know about the denial.

 

[Lynn2011]

Thank you for your quick reponse. Yes, I filed the I-485 and based on Employment and Extraordinary Ability. Does that mean even if I apply for Family Based GC now, I will most likely not be approved due to my previous J1 status of 2-year HRR? Will that be the same result if I marry someone who is U.S. citizen?

 

[Jackolantern]

Even if you marry a US citizen, they will deny your GC application if you don't complete the 2 years or get it waived.

However, maybe your 2 year HRR has already been waived. They shouldn't have allowed you to switch to H1B if your 2 year HRR was active. Perhaps your employer filed the waiver papers when they sponsored your H1B.

 

[Lynn2011]

Okay, lets say I go back for 2 years. will I be able to come back to U.S.? Or I have to wait for some years, perhaps 10 years due to my over staying? Thank you so much!

 

[Lynn2011]

I looked up my document. I had applied I-140 and I-485. The I-14O was denied. I was asked for supportive documents, which must be filed to them in 3 months, but the attorney never told me this so they denied it based on insufficient information. It was not J1 related...

 

[Lynn2011]

My ex-husband was J2 and he later got married with an U.S. citizen. She received the GC without the 2-year HRR restriction. Are J1 and J2 treated differently? I really appreciate your resonse!

 

[Jackolantern]

Okay, lets say I go back for 2 years. will I be able to come back to U.S.? Or I have to wait for some years, perhaps 10 years due to my over staying? Thank you so much!

You will face the 10-year ban if you leave.

My ex-husband was J2 and he later got married with an U.S. citizen. She received the GC without the 2-year HRR restriction. Are J1 and J2 treated differently?

If a J1 visa holder has the 2-year HRR, the J2 spouse will also have it and must either get it waived or spend the 2 years in the home country.

You switching to H1B and your ex-husband obtaining a green card (apparently without spending 2 years in the home country or applying for a waiver?) means that your 2 year HRR probably has been waived. As I said above, your H1B employer might have filed the waiver paperwork. On the other hand, your H1B and his GC might have been issued in error because USCIS didn't see the 2 year HRR.

 

[Lynn2011]

Thank you so much for your response! How can I find out if my 2-year HRR was waived? Should I contact my previous employer or contact USCIS? bty, my ex-husband got his GC via his marriage with an U.S. citizen. If it was waived, will I still get in trouble if I apply for GC? Will I be forgiven for over staying to be able to near my son and take care of him when he needed?

 

[Jackolantern]

Thank you so much for your response! How can I find out if my 2-year HRR was waived? Should I contact my previous employer or contact USCIS? bty, my ex-husband got his GC via his marriage with an U.S. citizen. If it was waived, will I still get in trouble if I apply for GC? Will I be forgiven for over staying to be able to near my son and take care of him when he needed?

If the 2-year HRR is waived, your overstay will be forgiven if you adjust status based on marriage to a US citizen or as the parent of a 21-years-or-older US citizen, and don't leave the US until your green card is approved.

As far as finding out if it is waived, I don't know. If your H1B employer filed the waiver paperwork, they would have made you sign the waiver application. If you kept a copy of the papers you signed when applying for the H1B, you might see the waiver application in there. But still I would consult a lawyer regarding how to go about dealing with the 2 year HRR ... optimistically, even if it wasn't waived it might be possible to get a waiver now, if a no-objection letter from your country would satisfy the waiver requirement for the specific visa you had. Pessimistically, you could get deported if you go about things the wrong way.

 

[Concerned4us]

Thank you so much for your response! How can I find out if my 2-year HRR was waived? Should I contact my previous employer or contact USCIS? bty, my ex-husband got his GC via his marriage with an U.S. citizen. If it was waived, will I still get in trouble if I apply for GC? Will I be forgiven for over staying to be able to near my son and take care of him when he needed?

Your son is adult and certainly does not need his mommy taking care of him.

Your illegal presence is not forgiven by your son's filing.

OTHO, I am deeply troubled that you as a supposedly intelligent person who was granted the opportunity to have a post doc fellowship would blatantly violate US laws. No one in their right mind would trust you to do anything in your field. What were you thinking!

 

[Jackolantern]

Your illegal presence is not forgiven by your son's filing.

Parents sponsored who are sponsored by their 21-or-older US citizen son/daughter will have their illegal presence forgiven if they entered legally and file for AOS (provided they don't have other obstacles preventing adjustment of status status like the 2-year HRR).

 

[Lynn2011]

Your son is adult and certainly does not need his mommy taking care of him.

Your illegal presence is not forgiven by your son's filing.

OTHO, I am deeply troubled that you as a supposedly intelligent person who was granted the opportunity to have a post doc fellowship would blatantly violate US laws. No one in their right mind would trust you to do anything in your field. What were you thinking!

I know I made a mistake. But if you were in my shoes as a mom, it might not be as difficult to understand it. In fact, during that time I was still trying to adjust my status by going back to school, etc. It was not my intention to be overstaying...

 

[Lynn2011]

You will face the 10-year ban if you leave.


If a J1 visa holder has the 2-year HRR, the J2 spouse will also have it and must either get it waived or spend the 2 years in the home country.

You switching to H1B and your ex-husband obtaining a green card (apparently without spending 2 years in the home country or applying for a waiver?) means that your 2 year HRR probably has been waived. As I said above, your H1B employer might have filed the waiver paperwork. On the other hand, your H1B and his GC might have been issued in error because USCIS didn't see the 2 year HRR.

You are so right!!! I just found out that my 2-year HRR was waived back then. I started my process now hiring a lawyer to apply for the Green Card. How long do you think I will get the temp GC? I cannot thank you enough for all your help. God bless you!

 

[Jackolantern]

4-6 months is a typical time frame to get the GC based on adjusting status as an Immediate Relative of USC. 2-3 months to get employment authorization so you can work while waiting out the remaining 3-4 months for the green card to be approved.

How did you find out it was waived? Did you find the old waiver paperwork?

 

[Lynn2011]

4-6 months is a typical time frame to get the GC based on adjusting status as an Immediate Relative of USC. 2-3 months to get employment authorization so you can work while waiting out the remaining 3-4 months for the green card to be approved.

How did you find out it was waived? Did you find the old waiver paperwork?

I contacted my ex-husband. He found out from his lawyer who handled his case. He was the one who kept all the papers back then. It's such a relief. Again, thank you so much for your help on this!

 

[vikas_shimla]

Hi
I have a question regarding my H1B petition. I was in US on J1 visa and had the 2 year HRR requirement. I applied for a waiver and got a approval from USCIS on Jan 2010. Now what went wrong was that I had listed my Indian address as the communication address; and as USCIS does not mail the letters to foreign address I never got the I767 with approved status. When I check my online status the status shows that I have been granted a waiver.

Now my employer has filed my H1B on the basis of the USCIS receipt number and case status update from the USCIS website case status update. I might have to apply for a duplicate copy of my J1 waiver I767 and that will take some time like 1-2 months. Does the H1B filing process require the hard copy of the I767 for approving the H1B petition or the case receipt number will be sufficient. The receipt number is a case tracking number with USCIS, so will that be sufficient ????