My EB2-NIW (India) possible AOS problem
Hello Rajiv Ji,
I am from India, currently in the U.S. and have a question about EB2-NIW based AOS. If I face problem with my AOS, I would like to have your immigration services to represent my case. If any thing can be or is to be done proactively, I would like to do through you. The PD for my EB2-NIW has become current since August 2008. I have attached a July 14, 2008 USCIS memo, please see page 6, special consideration, technical violation.
I am sending my home phone number as a p.m. to the user id Rahul Mehta of this thread and would like to talk to you some time soon about my case.
1. I came to U.S. on J1 (Biomedical research) in 2002 and worked at organization A for two years and four months.
2. Then I moved to organization B on J1. However, the responsible officer (RO) of this organization, instead obtaining J1 transfer from organization A, issued me DS2019 to begin a new J1 program. This is a J1 visa violation and I learnt about it after seven months. My J1 wavier based on no objection was pending with DOS at this time. For this J1 wavier, I submitted all of my DS 2019.
3. I requested the RO to file for J1 re-instatement. It appears that she was newly appointed and had no experience. she delayed it and advised me to leave the country. I did not leave. My J1 wavier got approved and hence re-instatement was not filed.
4. There was not enough time and therefore without using a lawyer, I filed EB2-NIW my self in 09/2005 (after 8.5 months of failure to transfer J1 visa). My I 94 has D/S. I never left the country after changing job from organization A to B (from point of failure of J1 transfer). My I 140 was approved and also the work permit. I am continuing working with same employer using EAD and currently on 4th EAD. I did not apply for AP and did not travel out.
5. Now the PD dates have become current for India, and I am afraid that my I-485 may be denied.
6. I read about a recent July 2008 USCIS memorandum (atttached in this post) about 245 (k) that says that technical violation if were not on part of applicant , the adjudicator can give special consideration and adjust the status.
Thank you for the wonderful forum service.
abhuda