desiboston
Registered Users (C)
Sorry for this long post but I wanted to be as clear as possible.
Hi all,
This is a great forum I hope I had found it 3 years ago. MY story goes like this. I came on a J1 research scholar visa in 2000. I am a clinician. I had the 2 year home residency requirement stamped on my visa even though I was not doing any clinical stuff nor did I have any US govt funding and neither was a part of any exchange program. I was doing pure basic science research. When it was time to get to H1 I got a letter from the Depratment of State (Advisory opinion) that I was not subject to 2 year home residency requirement and was easily change my status to H1. I have not traveled out of the country since my H1 (Not stamped) but have never been out of status for even a day.
I applied for EB1 Outstanding researcher and EB2 NIW in June/July 2003. Both got approved around in 1 year but EB1 I40 was approved faster. I applied for I 485 after this. Subsequently the EB2 NIW/adv degree also got approved and my lawyer said if we change the I485 application to EB2 I will not need a letter from my employer (which I MIGHT have needed for EB1 at the time of 485 approval). I saw no harm in this and went ahead and we asked the USCIS to consider my 485 under EB2 NIW rather than EB1 OR. (big mistake as getting a letter for me under EB1 was, and is, not a great deal at all, as I was no longer doing the same research (but similar) I thought I would harmlessly dwell on my EB2. I applied 485 in March 05
My PD on EB2 is July 03. I got my 1st (and only so far) FP done in May 05. Visa bulletin was current for May 05 for my category at that time. Now the visa bulletin is going backwards in time. My question is: do I have to wait till it becomes current again? Also, I called USCIS 2 times and initiated inquiry twice. 1st reply I got in July 06 was wait for 2 months (nothing specific in it). The 2nd reply I got was a week ago saying my processing has been delayed as they are waiting for background checks. If nothing happens in 6 months call back the VSC number. My case is with the VSC. From the forums I read that this is a general message they are sending to peoplein Massachusetts from the VSC.
I called the FBI and they said FP was cleared and the rest of the name check is done in Washington with outside agencies so nobody has any control and nobody can find out about it.
I got EAD twice now and AP twice now (what a waste of $700 a year) including my wife. Is it safe to travel on AP? I have never been out of status for even a single day. I have no trust left in this system and am very skeptical. I asked my lawyer about Writ of Mandamus and he said it was not advisable and to wait.
Any words of advice? I heartily appreciate the efforts of all you guys here.
Hi all,
This is a great forum I hope I had found it 3 years ago. MY story goes like this. I came on a J1 research scholar visa in 2000. I am a clinician. I had the 2 year home residency requirement stamped on my visa even though I was not doing any clinical stuff nor did I have any US govt funding and neither was a part of any exchange program. I was doing pure basic science research. When it was time to get to H1 I got a letter from the Depratment of State (Advisory opinion) that I was not subject to 2 year home residency requirement and was easily change my status to H1. I have not traveled out of the country since my H1 (Not stamped) but have never been out of status for even a day.
I applied for EB1 Outstanding researcher and EB2 NIW in June/July 2003. Both got approved around in 1 year but EB1 I40 was approved faster. I applied for I 485 after this. Subsequently the EB2 NIW/adv degree also got approved and my lawyer said if we change the I485 application to EB2 I will not need a letter from my employer (which I MIGHT have needed for EB1 at the time of 485 approval). I saw no harm in this and went ahead and we asked the USCIS to consider my 485 under EB2 NIW rather than EB1 OR. (big mistake as getting a letter for me under EB1 was, and is, not a great deal at all, as I was no longer doing the same research (but similar) I thought I would harmlessly dwell on my EB2. I applied 485 in March 05
My PD on EB2 is July 03. I got my 1st (and only so far) FP done in May 05. Visa bulletin was current for May 05 for my category at that time. Now the visa bulletin is going backwards in time. My question is: do I have to wait till it becomes current again? Also, I called USCIS 2 times and initiated inquiry twice. 1st reply I got in July 06 was wait for 2 months (nothing specific in it). The 2nd reply I got was a week ago saying my processing has been delayed as they are waiting for background checks. If nothing happens in 6 months call back the VSC number. My case is with the VSC. From the forums I read that this is a general message they are sending to peoplein Massachusetts from the VSC.
I called the FBI and they said FP was cleared and the rest of the name check is done in Washington with outside agencies so nobody has any control and nobody can find out about it.
I got EAD twice now and AP twice now (what a waste of $700 a year) including my wife. Is it safe to travel on AP? I have never been out of status for even a single day. I have no trust left in this system and am very skeptical. I asked my lawyer about Writ of Mandamus and he said it was not advisable and to wait.
Any words of advice? I heartily appreciate the efforts of all you guys here.
