NatMar

Thank you all so much for taking the time to respond. I was fearing some of your responses because that's what I thought could be going on.

I asked her and the reason she said it was COVID and that she could not travel because of that...

Does anyone know if she's illegally overstaying while waiting for a response?

Good morning!

I hope someone can help me as this is out of my scope.

I have a friend who got here on January 19th 2020 with a J1 visa. She got an extension of her J1 in 2021 (new DS). 

This extension expired on January 19th 2022 and she filed her I-539 Application to Extend/Change Nonimmigrant Status to a B2 on December 10th, 2021. She got her fingerprints taken in January 4th but hasn't received any response yet from USCIS. We are scared that she is out of status and overstaying here illegally.

Her questions are:

1.  Should she send a new request even though she's already past 8 months?

2. Can she change to a F1?

3. Is she illegally staying?

4. Is her Ssn affected with any visa change?

5. What are her next steps/options?

Thank you so much in advance for any help!

52 minutes ago, Marieke H said:

It should not matter whether you are work-authorized through and EAD or green card, as long as you are authorized to work. The only exception are jobs that require US citizenship, but that is always stated very clearly in the job requirements, and it does not sound like this is the case for this particular job.

 

I had to educate my employer and the HR person on what an EAD is during my hiring process; especially if a company does not have a lot of experience hiring immigrants they may not fully understand what an EAD is.

 

The background check is about criminal history, not your status in the US.

Thank you very much, Marieke.  Yeah the job offer did not state any citizenship requirement like other postings I've encountered. The only thing that made me a little nervous is that it was a federal company.

Hi guys,

I was wondering if anyone had any insight on this matter.

I got a job offer from a federal funded company. When speaking to the HR rep he asked me what my status was and I told him that I'm pending my green card but that I have my employment authorization card and I am able to work in the US (I came with a K1). Apparently they need to do a background check through the Federal Government, and he wasn't 100% sure if my pending status was gonna be a problem or not. Are there any exceptions on what company you can work for with your EAD? On the job listing it only stated that "Must be authorized to work in the US" it didn't say anything that you had to be a resident/green card holder. Is there any chance that I would fail the background check for this reason in particular?

Thanks in advance!

Thank you so much for your quick reply and advice Jeanne Adil and Crazy Cat. I will let her now and contact the VAWA hotline number they have to see what she can do and if there's resources for her pro bono (or at least a little cheaper).

Thanks again for the help. It's very much appreciated.

Hello VJ friends,

I need some advice on a tough situation for a dear friend of mine. She came here on a k1 visa and filed AOS a month ago. But ever since she came, her now husband has been abusive to her, (physically and verbally) and threatening to screw her over with immigration. She doesn't know what to do, if he can get her to be deported or have a ban to enter the US if she leaves. What would be the next steps for her? Call a lawyer or go to the police with the evidence she has collected over the past months? What chances she has to continue the process without him?

Thank you so much for the help!

Got our 3 noa1 letters in the mail yesterday! Yay! Weird tho cause we never received a text even though we filed the form🤷.

Our package was received on the 1st of June and the check was cashed on the 14th. Good luck to everyone waiting! I'm sure it'll come soon 🙂

9 hours ago, lasseventies said:

Hi!! Really?? That are great news!! Would you please let us know when you are schedule or info requested on your interview?? I am in Madrid too and just wanted to know how much delay or backlog they have!! We filled our case in July 20, will be approved in March 2021!! Hope goes great for you!

Of course! Not a problem! We hope that they are scheduling interviews but ill let you know every step. I'm actually going to contact them today to ask for a change of address and see what they say. 

Good luck to you too! It seems that there's light at the end of the tunnel...,😁

Hey guys,

This is very exciting!! We just received an email from the NVC that our case is in transit to the embassy in Madrid. This is the first movement we've seen since getting our NOA2 back in June. 

Has anyone else seen movement on their cases from Madrid? Any actual k1 issued?

I'm still in awe but very happy!!! (Btw we are not plaintiffs of the lawsuit.)