re-newing J-1 visa

freecryptic

Registered Users (C)
Hi!,

I am from India. Currently on J-1 Visa with HRR. My visa had expired a few months back but I have valid Ds2019s. I plan to visit India and also appear for interview. Here's a brief case history:

(1) I came in in 2005. My employer did not update my SEVIS status so a re-instatement had to be done.

(2) in 2006 I obtained a 'transfer' to another employer, this time a university. The program has since been extended.

(3) Meanwhile my wife who is on J-2 has obtained work-permit.

(4) I applied for Advisory opinion for HRR sometime back. Today I saw a ruling "Not Subject" on the DOS/USCIS website.

Can you suggest me some things that might affect my application ?

(a) Does obtaining "Advisory opinion" mean an intent to abandon the J-1 program or stay longer ?

(b) I stayed more than my visa time ( but I have D/s) does that impact ?

(c) wife's work permit ?
 
(a) It is unlikely, but always possible, that the consulate may question the purpose of applying for an advisory opinion. So be prepared for a quick, accurate, harmless response (e.g. I just wanted to find out for myself, etc) if they happen to ask.

(b) No impact, it's normal. I was in the same situation, no problems.

(c) No impact. My wife also had EADs, then went home and got a new J-2, no problem.

The only thing is the time it may take to apply for a new visa. If you are planning a very short stay in India, make sure you are aware of the interview wait times as well as the visa processing times, which may take as long as a month!
 
Hi jk0274,

Hi jk0274,

Hey...You planning to convert your J1 to H1. Or you got married to US Citizen spouse. What did you specify in your statement of reason. Is it wise to specify marriage reason in statement of reason ?

can u pls comments on it ?

Thanks a lot.
 
No, went straight to in immigrant petition (see my signature). Didn't want to be sponsored any more after almost 16 years on F and J visas. As for statement of reason, I wrote that the economic situation in my country had deteriorated since I came to the US and there was no funding for science, whereas I had been very productive here and published. Also said something about wanting to wait a few more years in the US until my country started to do a little better, for my family's sake. I would keep the statement academic, and not dwell on marriage as a reason. Remember this is no objection, not exceptional hardship. Also note that some people have apparently written only one or two sentences, that they are applying based on no objection from their home governments; nothing else. Good luck.
 
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