J2-o1-i-485

P

pras01

Registered Users (C)
hello,
Forgive me for this long-winded post. I came to USA in 1994 as J2. Finished residency and became attending physician on J2+EAD (7 yrs). Then I and my spouse switched to O1, and our child to F1 as she went to college. 20 days before daughter's 21st Birthday, our lawyer filed for I-485 for both of us leaving my spouse out as he was the primary J1 and we still didn't have the waiver (Nov.'02). My spouse started waiver job on H1 since June 2004. Now I and my daughter received interview notices (ID 10/31/05) for adjudication of I-485. We have my husband's I-612 (J1 waiver) but he is not done 3 years yet (and he is not applied for I-485 yet). Do you see any problems? My lawyer sees no problems as I and my daughter were initially J2 and I never held an independent J1 of my own.

This is how my interview letter reads:

"you must bring the following items to the interview: ALL ORIGINAL DOCUMENTS, I-94, PASSPORT, MEDICAL EXAMINATION (IF PREVIOUSLY NOT SUBMITTED), DOCUMENTS OF YOUR QUALIFICATIONS FOR PERMANENT RESIDENCE AND _____.
If your application is based on an offer of employment, bring an updated offer of permanent employment from the petitioner."

As you can see, the letter is not in formatted to allow 'checking' of any of the items. It doesn't say I need to bring 2-passport pictures. Is that odd or is it usual? My 2 FPs were Code 1 (all 10 fingers for FBI clearance). My FP for the 3EADs were code 2 (index finger, photo, signature) to generate the card but the last one was in Oct. 2004. I am leaving USA for 3 weeks to take care of a family health issue 4 days after the interview date. I can not surrender my AP unless they stamp my PP. am I being set up for more harassment by USCIS?
Please comment on my concerns.
Thanks.
 
J2-gc

Here is how my lawyer argues: Section 212 (e): the 2 yr HRR does not prevent filing for PR, but does prevent granting of PR without the 2 yr HRR or waiver. Therefore, we are OK filing it in Nov. 2002 without the waiver approval (I-612). On 10/31/05, the date of the interview, the officer has to decide on PR for me and our daughter (original J2), not my spouse (primary J1 in 1994). Section 214 (l), completion of 3 yrs in a waiver job before PR can be granted, applies only to the primary J1 and not the J2. Therefore, 214 (l) does not apply to me and our daughter. Somewhat comforting, but I still have butterflies in my stomach. Care to comment, anyone?
 
J2 with waiver going for AOS ...

pras01 said:
...Here is how my lawyer argues: Section 212 (e): the 2 yr HRR does not prevent filing for PR, but does prevent granting of PR without the 2 yr HRR or waiver. Therefore, we are OK filing it in Nov. 2002 without the waiver approval (I-612). On 10/31/05, the date of the interview, the officer has to decide on PR for me and our daughter (original J2), not my spouse (primary J1 in 1994). Section 214 (l), completion of 3 yrs in a waiver job before PR can be granted, applies only to the primary J1 and not the J2. Therefore, 214 (l) does not apply to me and our daughter. Somewhat comforting, but I still have butterflies in my stomach. Care to comment, anyone?
Click to expand...
how did you get your I-485 (your husband as primary and you as derivative? or your independent I-485 with you as primary)?

* If your i-485 was primary, then you may get AOS.
* however, i am not clear about how CIS will treat your derivative i-485 if your husband has not completed his 3 years of waiver.


Look at pederson's website, Q35
http://www.usvisainfo.com/object/pdf/j1/j1faqs.pdf

here is what it says:
35. Q. If a J-1 or J-2 visa holder wins the immigrant visa (diversity) lottery, must he or she still obtain a waiver of the two year home residence requirement in order to obtain permanent residence on the basis of winning the lottery?
A. Yes, a waiver must still be obtained. Even with a waiver, the J-1 physician
must complete three years of service in H-1B status if the waiver is an IGA
waiver. However, if a spouse who formerly held J-2 status has obtained a
waiver through the J-1 principal, the J-2 with a waiver may apply for
permanent residence even if the former J-1 has not completed three years of
service in H-1B status. [Editor’s Note: Although neither INS nor USIA has
formally adopted a policy on this issue, representatives of each agency have
indicated that a former J-2 with a waiver derived from the principal J-1
physician may apply for permanent residence without waiting for the former
J-1 to complete three years of service in H-1B status].
 
I am primary on I-485

J1victim said:
how did you get your I-485 (your husband as primary and you as derivative? or your independent I-485 with you as primary)?

-----I am the primary applicant on the I-485 and our daughter is a derivative. My husband is not yet on the application as he has only completed 1.5 yrs of his waiver on H1 status.

* If your i-485 was primary, then you may get AOS.

---I am primary.

* however, i am not clear about how CIS will treat your derivative i-485 if your husband has not completed his 3 years of waiver.


Look at pederson's website, Q35
http://www.usvisainfo.com/object/pdf/j1/j1faqs.pdf

here is what it says:
35. Q. If a J-1 or J-2 visa holder wins the immigrant visa (diversity) lottery, must he or she still obtain a waiver of the two year home residence requirement in order to obtain permanent residence on the basis of winning the lottery?
A. Yes, a waiver must still be obtained. Even with a waiver, the J-1 physician
must complete three years of service in H-1B status if the waiver is an IGA
waiver. However, if a spouse who formerly held J-2 status has obtained a
waiver through the J-1 principal, the J-2 with a waiver may apply for
permanent residence even if the former J-1 has not completed three years of
service in H-1B status. [Editor’s Note: Although neither INS nor USIA has
formally adopted a policy on this issue, representatives of each agency have
indicated that a former J-2 with a waiver derived from the principal J-1
physician may apply for permanent residence without waiting for the former
J-1 to complete three years of service in H-1B status].
Click to expand...

----The butterflies are: because We (I and my daughter) submitted I-485 1.5 yrs before my husband even started his waiver job. This was to protect my daughter under CSPA as she was going to turn 21 years in a few weeks. Although at the time of adjudication of our I-485 application (interview date 10/31/05) we have the waiver, at the time of filing of the same (11/'02) we didn't have the waiver. My lawyer says that there is no clear directive that the waiver should be approved even at the time of application of I-485. If I am approved for gc, the lawyer plans to file 'follow to join' by CP for my husband at the beginning of his 3rd year on H1, so that by the end of 3rd yr, he can get his gc. Hmmmm...., too good to be true?
 
I-485 for J2 filed b4 waiver ....

pras01 said:
----The butterflies are: because We (I and my daughter) submitted I-485 1.5 yrs before my husband even started his waiver job. This was to protect my daughter under CSPA as she was going to turn 21 years in a few weeks. Although at the time of adjudication of our I-485 application (interview date 10/31/05) we have the waiver, at the time of filing of the same (11/'02) we didn't have the waiver. My lawyer says that there is no clear directive that the waiver should be approved even at the time of application of I-485. If I am approved for gc, the lawyer plans to file 'follow to join' by CP for my husband at the beginning of his 3rd year on H1, so that by the end of 3rd yr, he can get his gc. Hmmmm...., too good to be true?
Click to expand...
For former J1s on waiver job, there is clear direction from USCIS that they can't file an I-485 (except the I-485 from that of NIW Physician in underserved area) until they have completed 3 years in H1 status in underserved area. and they can't apply for AOS (I-485) until they have been granted a waiver. Q31 on pederson's website:
http://www.usvisainfo.com/object/pdf/j1/j1faqs.pdf

For former J2 on waiver, look at Q no 35 on same link ...
that the former J2 can pursue a GC off his/her own after waiver has been approved.

Now if the J2 hasn't yet got a waiver and applies for AOS (as is your case), i don't know how CIS will treat it.

yes i would also be having butterflies in my stomach.

do let us know what happens to ur case. This will help others who might be in same boat.
.
 
Approved!!!

Got interviewed today. Explained that I entered the country on J2, converted to O1 and then applied for I-485. Officer was more interested in eliciting that I still qualified for the EB1(EA) category. Showed him my book chapters, publications, Editorial work for prestigious medical journal (she kept the journal), evidence of being an office bearer of the most respectable professional society in my field. Then she started to calculate if my daughter who is 23 years is still protected under CSPA (I-485 was filed 20 days before she turned 21 yrs). Officer asked why I did not sponsor my husband. I said he needs to do 3 yrs as H1 to be eligible for application as he was primary J1. She didn't ask me for the my husband's I-612. Finally stamped the passport!!! I don't know if she overlooked the waiver or as my lawyer says J2 really doesn't need the waiver 'as per statute'. My lawyer had prepared a memo to this effect- it was in legal language quoting some sections and laws that repeatedly mentioned J1 physicians (my lawyer believes that USCIS is erroneously applying the same rules to J2). I didn't have to use the memo. Right now, I am too drunk to dissect the statutes, laws and rules. My daughter who is 23 is finally free.
GOOD LUCK TO ALL.
 
Congratulations. Stories like yours give hope.

And yes, hit the booze, hit it hard ! Paartyyy....
 
Congrats; and looks like your DTR could join too!! Mine is 8/9 now, I hope she will have something before 21 but not sure at all!!
 
Thanks

My dtr was 13 when she first came to this country as J2. It has been a long, long, long journey!
 
pras01 said:
hello,
Forgive me for this long-winded post. I came to USA in 1994 as J2. Finished residency and became attending physician on J2+EAD (7 yrs). Then I and my spouse switched to O1, and our child to F1 as she went to college. 20 days before daughter's 21st Birthday, our lawyer filed for I-485 for both of us leaving my spouse out as he was the primary J1 and we still didn't have the waiver (Nov.'02). My spouse started waiver job on H1 since June 2004. Now I and my daughter received interview notices (ID 10/31/05) for adjudication of I-485. We have my husband's I-612 (J1 waiver) but he is not done 3 years yet (and he is not applied for I-485 yet). Do you see any problems? My lawyer sees no problems as I and my daughter were initially J2 and I never held an independent J1 of my own.

This is how my interview letter reads:

"you must bring the following items to the interview: ALL ORIGINAL DOCUMENTS, I-94, PASSPORT, MEDICAL EXAMINATION (IF PREVIOUSLY NOT SUBMITTED), DOCUMENTS OF YOUR QUALIFICATIONS FOR PERMANENT RESIDENCE AND _____.
If your application is based on an offer of employment, bring an updated offer of permanent employment from the petitioner."

As you can see, the letter is not in formatted to allow 'checking' of any of the items. It doesn't say I need to bring 2-passport pictures. Is that odd or is it usual? My 2 FPs were Code 1 (all 10 fingers for FBI clearance). My FP for the 3EADs were code 2 (index finger, photo, signature) to generate the card but the last one was in Oct. 2004. I am leaving USA for 3 weeks to take care of a family health issue 4 days after the interview date. I can not surrender my AP unless they stamp my PP. am I being set up for more harassment by USCIS?
Please comment on my concerns.
Thanks.
Click to expand...


No, you and your daughter were never on a J1, and so your husband's waiver has nothing to do with this.

You have nothing to worry. Nothing was overlooked during your approval. You are clearly eligible for it.
 
congratulations Pras01

congratulation upon approval of you I-485.
would you kindly share your interview experience/ details with the forum members.

thanks
 
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