Hello, your help would be really appreciated =)
Based on the information below, do you believe I would be subject to the 2 HRR?
I came to the US in 2001 on a J-1 (reciprocal exchange with my home university in Europe) and the US university.
The J-1 stamps (2) state “NOT SUBJECT TO”
The initial IAP66 with which I first entered clearly shows that there were no US/foreign gov. financing involved, the US school (the program sponsor starting with P-XXX-XXX) covered $14,000 and I covered the rest with personal funds, the “personal funds” box is checked. However, the officer DID not check any box as to whether I am subject to HHR or don’t.
I then had other IAP 66s which were extended from the US, so it doesn’t show any stamps from the officer, but same thing, no financing from any international sources.
My country of citizenship & last residence was and is still not on the skills list (European Country)
We provided the following:
Copy of J1 stamps
Copy of IAP66s and DS2019
A letter from University in Home country stating that no funds were received from home government
Letter from US University confirming that no funds were received from US government
Copy of an F-1 visa which was issued to me in my home country 3 months after I left the US
Copies of H-1B approval notices, which were approved with a change of status from F-1 to H-1B in the US (if I were subject to the 2HRR, the H-1B should have not been issued)
My questions:
1) Do you think the evidence provided will be sufficient? I am worried that the officer forgot to check the “is or is not subject to” box.
2) I have never applied for a waiver because my records clearly showed that I wasn’t subject to it. Will USCIS accept alternate evidence and not necessarily only a waiver approval?
3) What should I do in case the 485 is rejected?
4) Will the USCIS issue a denial once an RFE has been submitted, or will I also receive 90 days to respond to their request.
Thank you so much for your help.
Sarah
Based on the information below, do you believe I would be subject to the 2 HRR?
I came to the US in 2001 on a J-1 (reciprocal exchange with my home university in Europe) and the US university.
The J-1 stamps (2) state “NOT SUBJECT TO”
The initial IAP66 with which I first entered clearly shows that there were no US/foreign gov. financing involved, the US school (the program sponsor starting with P-XXX-XXX) covered $14,000 and I covered the rest with personal funds, the “personal funds” box is checked. However, the officer DID not check any box as to whether I am subject to HHR or don’t.
I then had other IAP 66s which were extended from the US, so it doesn’t show any stamps from the officer, but same thing, no financing from any international sources.
My country of citizenship & last residence was and is still not on the skills list (European Country)
We provided the following:
Copy of J1 stamps
Copy of IAP66s and DS2019
A letter from University in Home country stating that no funds were received from home government
Letter from US University confirming that no funds were received from US government
Copy of an F-1 visa which was issued to me in my home country 3 months after I left the US
Copies of H-1B approval notices, which were approved with a change of status from F-1 to H-1B in the US (if I were subject to the 2HRR, the H-1B should have not been issued)
My questions:
1) Do you think the evidence provided will be sufficient? I am worried that the officer forgot to check the “is or is not subject to” box.
2) I have never applied for a waiver because my records clearly showed that I wasn’t subject to it. Will USCIS accept alternate evidence and not necessarily only a waiver approval?
3) What should I do in case the 485 is rejected?
4) Will the USCIS issue a denial once an RFE has been submitted, or will I also receive 90 days to respond to their request.
Thank you so much for your help.
Sarah