Found eligible for CSPA benefit. F1 converted to IR2. In US on J1 without 2 HRR since 2 months. File AoS or not?

[toaosornotto 1]

I am on a J1 visa in the US since past 2 months without the 2 year home residency requirement. My F1 family petition was changed to IR2 before my flight to the US. Since I am on a non-immigrant visa, will it be appropriate to file AoS?

 

I would go back home for consular processing but my current sponsor wants to file another J1, which I am assuming I won't be getting due to the IR2 category (I will be keeping the immigrant petition on hold for the other J1 as that is beneficial for my career).

 

Even if I file AoS, is there a chance my IR2 category would be converted back to F1 for any reason? If this happens, would I be able to get another non-immigrant visa?

 

What are my options here? I don't want to be in visa limbo as that would affect my career.

[OldUser 6,857]

How long did you have J-1?

How long after entering on J-1 are you planning to file AOS? Are you sure you can adjust status? Who's the petitioner?

Edited May 8 by OldUser

[toaosornotto 1]

2 hours ago, OldUser said:

How long did you have J-1?

How long after entering on J-1 are you planning to file AOS? Are you sure you can adjust status? Who's the petitioner?

< 6 months.

I am planning to file after 3-4 months.

I believe I can since I don't have a 2 years home residency requirement. Is there anything else I'm missing?

My mother is the petitioner.

[OldUser 6,857]

32 minutes ago, toaosornotto said:

< 6 months.

I am planning to file after 3-4 months.

I believe I can since I don't have a 2 years home residency requirement. Is there anything else I'm missing?

My mother is the petitioner.

Is your category even current? How long has I-130 been pending? 

[toaosornotto 1]

1 hour ago, OldUser said:

Is your category even current? How long has I-130 been pending? 

Category is IR2. The I-130 has been approved.

[OldUser 6,857]

2 minutes ago, toaosornotto said:

Category is IR2. The I-130 has been approved.

So is visa available? What is the priority date? Do you know about visa bulletin?

Edited May 8 by OldUser

[nastra30 2,288]

IR2 is child of US citizen. Visa number is not needed. No need to check visa bulletin.

Edited May 8 by nastra30

[nastra30 2,288]

7 hours ago, toaosornotto said:

< 6 months.

I am planning to file after 3-4 months.

I believe I can since I don't have a 2 years home residency requirement. Is there anything else I'm missing?

My mother is the petitioner.

Since you said don't you have the crucial 2 year residency requirement, then adjust away. Good luck.

[nastra30 2,288]

On what basis did your get your J1 visa and how do you know the 2-year residency doesn't apply to you?
Does your visa say something along the lines of '212(e) does not apply'? Or similar?

 

There are 3 main exchange program categories where the 2-year residency is required.
1. J1 programs for foreign medical graduates with residency in the US
2. J1 programs in which you receive/received funding from US govt, own govt or international org.
3. J1 programs for teaching skills that are in short supply in their home countries. DOS maintains the list of skills.

 

I'm assuming none of these apply to you?
 

Edited May 8 by nastra30

[nastra30 2,288]

12 hours ago, toaosornotto said:

 

Even if I file AoS, is there a chance my IR2 category would be converted back to F1 for any reason?

No