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Posted

So I am a research scholar on j1 subjected to 212e based on skill list ( never funded by the US or Indian government) my current mentor wants to hire me for a full time job by sponsoring h1. 

I wanted to apply for waiver through hardship process as my country doesn’t issue NOC.

My question is can I marry my girlfriend now( USC) and apply for waiver ? Does it come under visa fraud ?

I have my visa until feb2020 which can be extended if needed but is it reasonable to extend it then later apply for waiver or can I apply for extension later once I start my waiver process 

 

thank you 

  • 2 weeks later...
Filed: Lift. Cond. (pnd) Country: Chile
Timeline
Posted

I don't know about the hardship waiver in particular but at least for No Objection, your J-1 cannot be extended once you have asked for a waiver. I would assume the same applies for all waivers, but that's just an assumption.

 

I'm not sure why you are asking about marriage. You can marry anytime, you just can't adjust status until you receive a waiver or fulfill the 2 years. In my personal case, we asked for the waiver first, and then married once we got approval. If you marry and the waiver is denied you have to leave the US, fulfill the 2 years and apply for a spousal visa from India. We applied for the waiver very early so that it could be approved before my J-1 expired. I think a hardship waiver takes a lot longer than no objection.

J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent                                                        01/27/2020 Biometrics taken, Pomona CA

02/02/2017 Case received by USCIS                                                                         08/14/2020 Case transferred to NBC

02/2017 Married!                                                                                                            04/02/2021 Interview scheduled

05/17/2017 Approval notice received                                                                       05/10/2021 Interview at San Bernardino office

                                                                                                                                          05/11/2021 Case approved

 

Adjustment Of Status from J-1                                                                                     N-400

05/08/2017 Package sent (I-130, I-485 and I-765)                                                   06/28/2020 Applied Online

05/11/2017 Package received at Chicago Lockbox                                                 07/06/2020 Received NOA

05/18/2017 NOA received with case numbers via mail                                           12/14/2020 Biometrics Reuse Notice

06/06/2017 Had biometrics appointment in Pomona, CA                                       04/02/2021 Interview scheduled

08/07/2017 Sent an online service request on I-765                                                05/10/2021 Interview at San Bernardino office/Decision cannot be made because of I-751 pending

08/17/2017 Letter in the mail saying case still under review                                  05/17/2021 Case recommended for approved, submitted for quality review

08/23/2017 Scheduled for an interview                                                                      05/17/2021 Oath Ceremony will be scheduled

08/26/2017 Sent second SR on I-765                                                                          06/25/2021 Oath Ceremony, San Bernardino Office

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

  • 2 weeks later...
 
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