Travel on AP with J-1 and AOS pending

I

igrok

Registered Users (C)
Hi everyone. I entered US as 18 month J-1 trainee in hospitality (not sure if it's with 2y HRR, no governent founding though)
Married, got EAD and AP, I-130 was approved, I-485 is still pending because of uncertanity of the officer whether I'm subject to HRR, so waiting for USCIS answer, but need to travel due to emergency. I never been out of status, DS-2019 expires on Oct-12.
Can I leave US and come back using AP without any problems and consequences for my AOS?
Thank you very much!
 
igrok said:
Hi everyone. I entered US as 18 month J-1 trainee in hospitality (not sure if it's with 2y HRR, no governent founding though)
Married, got EAD and AP, I-130 was approved, I-485 is still pending because of uncertanity of the officer whether I'm subject to HRR, so waiting for USCIS answer, but need to travel due to emergency. I never been out of status, DS-2019 expires on Oct-12.
Can I leave US and come back using AP without any problems and consequences for my AOS?
Thank you very much!
Click to expand...

Yes you can use the AP to reenter. The reverse is not true, you can not use J visa stamp to re-enter even if it is not expired and if you travel without valid AP this means you abandoned your pending I-485. So, you are good just use the AP
 
Thank you for prompt reply, mmed!
What if during my absence DOS decide that I'm subject to HRR, is it gonna deny my I-485 application and AP consequently?
 
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igrok said:
Thank you for prompt reply, mmed!
What if during my absence DOS decide that I'm subject to HRR, is it gonna deny my I-485 application and AP consequently?
Click to expand...

If you are subject, your I485 will not be accepted with no receipt, no EAD and no AP (this is in ideal world). If you are sure you are subject, then do not travel.
 
I'm pretty sure I'm not, at least I hope so :)
My program wasn't sponsored by government.
The boxes on the bottom left corner of the DS-2019 are left unchecked and notation on J-1 visa stamp doesn't say anything about 2 year rule.
I've sent a letter to the Waiver Review Branch of the United States Department of State asking for their advisory opinion. So..if I wanna be on the safe side I guess I better stay here until I get an answer.:rolleyes:

Tanks, mmed!
 
igrok said:
I'm pretty sure I'm not, at least I hope so :)
My program wasn't sponsored by government.
The boxes on the bottom left corner of the DS-2019 are left unchecked and notation on J-1 visa stamp doesn't say anything about 2 year rule.
I've sent a letter to the Waiver Review Branch of the United States Department of State asking for their advisory opinion. So..if I wanna be on the safe side I guess I better stay here until I get an answer.:rolleyes:

Tanks, mmed!
Click to expand...


You are subject to 2 year HRR, do not count on the box if ticked or not and the source of funding. The area of your medical training must be listed on skill list , necessary for India. Ideally, you should have taken advisory opinion before you apply for I 485.
 
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abhuda said:
You are subject to 2 year HRR, do not count on the box if ticked or not and the source of funding. The area of your medical training must be listed on skill list , necessary for India. Ideally, you should have taken advisory opinion before you apply for I 485.
Click to expand...


to abhuda:
Well, I've never said I'm on medical training. I'm training in hospitality field.
I'm also not from India. I'm Belorussian national and to make it more complicated i got my J-1 visa from Qatari embassy in Doha where I'd been working for couple years before coming to the states
 
igrok said:
to abhuda:
Well, I've never said I'm on medical training. I'm training in hospitality field.
I'm also not from India. I'm Belorussian national and to make it more complicated i got my J-1 visa from Qatari embassy in Doha where I'd been working for couple years before coming to the states
Click to expand...

It appears that you will be fine, wait for advisory opinion. You should not leave U.S., until you get advisory opinion. Once you know that you are not subject to 2 yr HRR, you could travel out without worry, but carry AP, all documents about AOS and advisory opinion.

Abhuda
 
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Thanks!
Does anybody know how long it takes usually for Waiver Review Branch of US DOS to produce this advisory opinion?
 
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