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sw6chung Newbie

sw6chung   0

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Hello,

 

I submitted my DS260 in October of 2019 under the F4 Category (my Uncle is a US Citizen and I am a dependent of my father). This month, I got an offer to work as an intern for a tech company in California, that would require me to obtain a J1 visa. I am still an undergraduate student and am planning on returning to Canada to resume my studies after my 4 month internship, which can be easily proved. I have no intentions of adjusting status, and want to do consular processing in Montreal later in 2020. Our immigration lawyer projects that the consular interview date in Montreal for our Green Cards will be scheduled late February, which will already be 2 months into the internship.

 

My question is, is it still possible to obtain a J1 visa after having filed a DS260, on the basis that I am a student wanting to return to my home university in Canada in order to finish my degree? Has anyone ever received a nonimmigrant visa after submitting a DS260?

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PK_ Explorer

PK_   43

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 11/16/2019 at 4:29 AM, sw6chung said:

Hello,

 

I submitted my DS260 in October of 2019 under the F4 Category (my Uncle is a US Citizen and I am a dependent of my father). This month, I got an offer to work as an intern for a tech company in California, that would require me to obtain a J1 visa. I am still an undergraduate student and am planning on returning to Canada to resume my studies after my 4 month internship, which can be easily proved. I have no intentions of adjusting status, and want to do consular processing in Montreal later in 2020. Our immigration lawyer projects that the consular interview date in Montreal for our Green Cards will be scheduled late February, which will already be 2 months into the internship.

 

My question is, is it still possible to obtain a J1 visa after having filed a DS260, on the basis that I am a student wanting to return to my home university in Canada in order to finish my degree? Has anyone ever received a nonimmigrant visa after submitting a DS260?

As a Canadian citizen, you do not need to obtain a visa for J-1. You can enter the U.S. with the J-1 status by just presenting the DS-2019 paper along with the training plan. 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

I'm not certain the OP is a Canadian citizen or if they are a resident (permanent or temporary).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
5 hours ago, sw6chung said:

No I am not a Canadian citizen. 

I had a feeling based on the wording. ;)

 

Yes, you can get a J-1 visa at any point in the process. It is quite difficult to obtain any visa that does not permit i,migrant intent (like a J-1) when you are so close to being eligible for an immigrant visa. By law, COs must presume immigrant intent. Overcoming that is difficult.

But there is no harm in trying so long as you are honest.

Good luck!

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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