UnitedNation and RealCanadian or other Pundit's please help

[kayamat04]

Hi,

I have a typical situation explained as much brief as possible in the ATTACHED file. Please give your opinion, what should I do to avoid difficult situation in furtue when my AOS process begins. My priority date is 09/05, and I am from India.

Thanks a lot in anticapitation for help.

Kayamat04

 

[TheRealCanadian]

I know very little about F/J issues.

However, it doesn't matter if the I-94s you were issued have different numbers. So long as you never overstayed an I-94, you have no illegal presence and no danger of the 3/10 year bars. However, if you did overstay by over 180 days, then there is no waiver and you should NOT leave the US.

Did the I-94s have expiration dates, or just D/S?

 

[kayamat04]

Hello TheRealCanadian,

I did not overstay my J1 visa because there was no gap in dates on my J1 visa. My I94 has D/S.

My concern is as per rule between the two J1 programs there needs to be gap of 1 year. Meaning when you end a J1 program exceeding 6 months, before you begin a new j1 program there needs to be one year gap.

The J1 transfer failure is the whole issue about my case.
Now J1 transfer failure can be corrected at RO within 180 days, if exceeds 180 days but less than 270 days DOS need to approve re-instatement. The officer tried to re-instate my new J1 program to get it combined as a J1 transfer with previous pgrogram. However before the re-instatement was applied , my J1 wavier was approved. Once J1 wavier is approved the program can not be re-instated.

I am concerned if while AOS procedure, if the officer understand that a new J1 program was started as overlapping instead of one year gap, willl he deny my AOS.

All other things are yet OK, because DOS did not care about two overlapping J1 programs because they issued J1 wavier recommendation.

Then USCIS approved J1 wavier finally.

Then USCIS approved I-140 and EAD. I did not apply for AP yet.

Thanks for your reply, it may be topic to research more.

kayamyt04