DOS received and update the status of all my documents including the NOS from my US embassy, for the J1 waiver in mid-March 2009. I am waiting for the favorable recommendation from DOS since then. However, just last week, I was notified that I have been scheduled for the DV lottery interview in early June and I can get my green card immediately if the consular officer approves it. The biggest issue now is that I cannot get the green card if I am still subjected to the 2 HRR. I am thinking of sending an additional statement of reason informing DOS that I have just won the DV Lottery and will be going for the green card interview in early June. Is this a good idea or it will actually delay the issuance of the recommendation by DOS? Any help is appreciated.
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J1 Waiver & won DVLottery
- Thread starter worriedj1
- Start date
Is this a good idea or it will actually delay the issuance of the recommendation by DOS? Any help is appreciated.
This is not good idea at all. This either will delay the waiver more or lead to denial. The idea is the J is non immigrant visa with no intention to immigrate. In rare situation, new conditions will show up which necessitate the J holder to stay in US and because of that he/she suppose to apply for waiver. Application for DV lottery means there is immigration intent long time ago which contradict the philosophy of the J. In the same line, J holder if married to USC can not say, I need the waiver because I married to USC, again this is immigration intent. Third one will say, I have a very good job offer and will sponsor my GC, again this is will not fly.
Should I send in a letter from my advisor saying that he did not get funding from the US government and also include my contribution to his research? Will it cause any further delays to the waiver as I only send it two months after my application?
Do not do anything more than the required, fill the form, check that there is no governmental fund in the field of the application, send the required supporting documents and wait.
I am pretty sure you will need the waiver. I am not familiar with the J2 status, but I would think that you (J1) have to apply for the waiver with her as a dependent. I mean, you both will need the waiver anyway, because you want to get your green card together with hers, right?
I am applying for AOS at the moment with the waiver pending at the same time. I did the waiver myself, AOS through an attorney. Attorney said that it is a bit risky, in case the waiver is delayed. But we could (1.) reschedule the interview, that would give us additional ~30 days and (2.) if we still haven't got the waiver by the time of the interview, they will give you 30-60 days to obtain it. Another attorney even mentioned that if you have a letter from USCIS that they need the waiver you could send that to the DoS to speed up the waiver process. Not sure if that's true.
I would speak to an attorney - they all offer 30 min consultations (~$150, sometimes free). Then you can find out if the same applies to the DV lottery GC.
I love this forum, but take everything with a grain of salt. I spoke to 3 different attorneys about my case and they all suggested the same, which was contrary to what people here on the forum told me. Not saying that attorneys are always right, just try to get a second opinion.
I am applying for AOS at the moment with the waiver pending at the same time. I did the waiver myself, AOS through an attorney. Attorney said that it is a bit risky, in case the waiver is delayed. But we could (1.) reschedule the interview, that would give us additional ~30 days and (2.) if we still haven't got the waiver by the time of the interview, they will give you 30-60 days to obtain it. Another attorney even mentioned that if you have a letter from USCIS that they need the waiver you could send that to the DoS to speed up the waiver process. Not sure if that's true.
I would speak to an attorney - they all offer 30 min consultations (~$150, sometimes free). Then you can find out if the same applies to the DV lottery GC.
I love this forum, but take everything with a grain of salt. I spoke to 3 different attorneys about my case and they all suggested the same, which was contrary to what people here on the forum told me. Not saying that attorneys are always right, just try to get a second opinion.
Thanks so much for the info,
Actually I am not pretty sure to apply to the GC. Did you win the DV lottery? I mean are you doing AOS as a DV winner?.
Thanks.
I am pretty sure you will need the waiver. I am not familiar with the J2 status, but I would think that you (J1) have to apply for the waiver with her as a dependent. I mean, you both will need the waiver anyway, because you want to get your green card together with hers, right?
I am applying for AOS at the moment with the waiver pending at the same time. I did the waiver myself, AOS through an attorney. Attorney said that it is a bit risky, in case the waiver is delayed. But we could (1.) reschedule the interview, that would give us additional ~30 days and (2.) if we still haven't got the waiver by the time of the interview, they will give you 30-60 days to obtain it. Another attorney even mentioned that if you have a letter from USCIS that they need the waiver you could send that to the DoS to speed up the waiver process. Not sure if that's true.
I would speak to an attorney - they all offer 30 min consultations (~$150, sometimes free). Then you can find out if the same applies to the DV lottery GC.
I love this forum, but take everything with a grain of salt. I spoke to 3 different attorneys about my case and they all suggested the same, which was contrary to what people here on the forum told me. Not saying that attorneys are always right, just try to get a second opinion.
Actually I am not pretty sure to apply to the GC. Did you win the DV lottery? I mean are you doing AOS as a DV winner?.
Thanks.
Hello, I am in a similar conditions and I wonder if someone can help me. My wife that is J2, won the DV lottery, I am J1 with 2 years rule. Does She need the waiver to be granted with the GC?
thanks in advance.
Yes, She does need waiver if she want to proceed further in the application. Actually it does not matter f you approved for GC by lottery, family based or employment based application and and route of those will not waive the requirement of the 2 year home country if you are subject. Again, J2 is subject to any requirement applied to the coresponding J1. You can apply as a J1 for waiver and automatically the J2 will be waived should the waiver application granted. DO NOT mention that your spouse win the lottery and because of that you applying fo waiver.
can i do the same as you (applying for AOS with the waiver pending)
Any option with i-140 denied and MTR.
You input is appreciated, I am on j1 expire 11 /2010 with 212e ,I-140 EB2 filed 10/2009. Got RFE ability to Pay 1/2010 (as attorney did not send tax return and instead sent not audit financial statement with the 140, then attorney responded to RFE with evidence (Company tax return) in time. Unfortunately, 140 were denied 3/2010 due to CIS claiming that RESPONSE TO RFE NOT RECEIVED although we did properly. Finally , Motion to reopen filed and pending since 3/2010. I don’t know when they will decide
can you please advise here, Do you think I have a chance in this scenarios, with a j1 expires date 11/2010 and 2HRR (need NOL wavier)
OPTION , I am trying to Get no objection letter from my country for j1 by may/2010 , then getting recommendation from DOS for a wavier based on NOL at July 2010, apply on part time H1B cap. Within (august 2010-October 2010) to have status while waiting for MTR,I-140 and later i-485.
But, What if the cap reached by October 2010, should I look for another H1B sponsor with non cap sponsor like university.
Option 2 not filing H1B in case of getting A positive respond from MTR (do you know when it may happen) and hopefully waiver granted as mentioned by October then I have 1 month so I can file i-485 . but in this option what will be my status if i-485 denied should I will be out of status as my j1 expiries 11/2010.
Option 3
Looking for working in Canada, Can I visit Canada for interview and come back with Automatic visa Revalidations, or my current denied I 140 with MTR shows immigration intent will ban me from reenter usa
Do you know other options can help in this limited time?
Your advice is much appreciated
Any option with i-140 denied and MTR.
You input is appreciated, I am on j1 expire 11 /2010 with 212e ,I-140 EB2 filed 10/2009. Got RFE ability to Pay 1/2010 (as attorney did not send tax return and instead sent not audit financial statement with the 140, then attorney responded to RFE with evidence (Company tax return) in time. Unfortunately, 140 were denied 3/2010 due to CIS claiming that RESPONSE TO RFE NOT RECEIVED although we did properly. Finally , Motion to reopen filed and pending since 3/2010. I don’t know when they will decide
can you please advise here, Do you think I have a chance in this scenarios, with a j1 expires date 11/2010 and 2HRR (need NOL wavier)
OPTION , I am trying to Get no objection letter from my country for j1 by may/2010 , then getting recommendation from DOS for a wavier based on NOL at July 2010, apply on part time H1B cap. Within (august 2010-October 2010) to have status while waiting for MTR,I-140 and later i-485.
But, What if the cap reached by October 2010, should I look for another H1B sponsor with non cap sponsor like university.
Option 2 not filing H1B in case of getting A positive respond from MTR (do you know when it may happen) and hopefully waiver granted as mentioned by October then I have 1 month so I can file i-485 . but in this option what will be my status if i-485 denied should I will be out of status as my j1 expiries 11/2010.
Option 3
Looking for working in Canada, Can I visit Canada for interview and come back with Automatic visa Revalidations, or my current denied I 140 with MTR shows immigration intent will ban me from reenter usa
Do you know other options can help in this limited time?
Your advice is much appreciated
can i do the same as you (applying for AOS with the waiver pending)
Any option with i-140 denied and MTR.
You input is appreciated, I am on j1 expire 11 /2010 with 212e ,I-140 EB2 filed 10/2009. Got RFE ability to Pay 1/2010 (as attorney did not send tax return and instead sent not audit financial statement with the 140, then attorney responded to RFE with evidence (Company tax return) in time. Unfortunately, 140 were denied 3/2010 due to CIS claiming that RESPONSE TO RFE NOT RECEIVED although we did properly. Finally , Motion to reopen filed and pending since 3/2010. I don’t know when they will decide
can you please advise here, Do you think I have a chance in this scenarios, with a j1 expires date 11/2010 and 2HRR (need NOL wavier)
OPTION , I am trying to Get no objection letter from my country for j1 by may/2010 , then getting recommendation from DOS for a wavier based on NOL at July 2010, apply on part time H1B cap. Within (august 2010-October 2010) to have status while waiting for MTR,I-140 and later i-485.
But, What if the cap reached by October 2010, should I look for another H1B sponsor with non cap sponsor like university.
Option 2 not filing H1B in case of getting A positive respond from MTR (do you know when it may happen) and hopefully waiver granted as mentioned by October then I have 1 month so I can file i-485 . but in this option what will be my status if i-485 denied should I will be out of status as my j1 expiries 11/2010.
Option 3
Looking for working in Canada, Can I visit Canada for interview and come back with Automatic visa Revalidations, or my current denied I 140 with MTR shows immigration intent will ban me from reenter usa
Do you know other options can help in this limited time?
Your advice is much appreciated
Approval or denial of I140 will not do any good or bad for you, what actually you need is the waiver. Without the waiver you can not apply for H, you can not adjust status for GC even if the I140 accepted and so on. Apply for waiver under any category and get it (no one know when it will be approved, for me it take 10 months).
Options 1 and 2 need waiver or at least favorable recommendation from DOS (as I did with my application for I485).
Option 3, your chance to come on J after you showed intent to immigrate is slim.
Again approval of the I140 will not gve you bonus, the waiver will
Worriedj1: Can you please post your experience with the GC? Did you get the waiver, did it finally work out? This board only makes sense, if we all post our experiences, so that there is a sort of a feedback. Thank you so much!
DOS received and update the status of all my documents including the NOS from my US embassy, for the J1 waiver in mid-March 2009. I am waiting for the favorable recommendation from DOS since then. However, just last week, I was notified that I have been scheduled for the DV lottery interview in early June and I can get my green card immediately if the consular officer approves it. The biggest issue now is that I cannot get the green card if I am still subjected to the 2 HRR. I am thinking of sending an additional statement of reason informing DOS that I have just won the DV Lottery and will be going for the green card interview in early June. Is this a good idea or it will actually delay the issuance of the recommendation by DOS? Any help is appreciated.