Surrey19

14 minutes ago, milimelo said:

You have to spend two years in your country of origin to satisfy the two-year requirement. 

Why would applying through US embassy Paris (as opposed to US Embassy which country) make a difference?

Oh because I reside in Europe already so I should be considered a European resident   
 

Was thinking if  objection letter guarantee the waiver later on 

13 minutes ago, aaron2020 said:

No.  

 

If you are subject to the 2 years home requirement rule, the limitation does not disappear or waived because you reside in Europe or apply at the US Embassy in Paris.

 

You would need a waiver of the 2 years hrr.  

Oh thanks but would an objection letter from my home country guarantee the waive of this requirements 

Hello 

Does J 1 requirements  to return home for at least two years applies for someone who reside in Europe but his  permit ends on July 22 knowing that  the one year J1 training starts on March 2022 till March 2023 ...I have a passport that is subject to the 2 years requirements but does applying through the US embassy in Paris remove this 2 years requirements .

Thanks 

1 hour ago, Gomast said:

This is exactly my thought. Why J1 when you can study with F1. The J1 might restrict you to the two years rule, I which you must return to your home country and stay there for at least 2 years. Check with your school whether you will be subjected to the 2 years rule. I assume that the school offered you some kind of a work / scholarship opportunity and that’s why you need the J-1. Is it really worth it for you?!  Wouldn’t it be better to have the F-1, then OPT, and an option for H1-B? 

Your right but my issue that I am not a student in US .I have graduated from Europe and j1 was my only choice to wait while waiting for the whole eb3 process that can take up to 18 month 

I guess I will not have issue with PERM and I 140 stage but for the last stage I 485 or consular stage of the eb3 ,the 2 years ban will be an issue 

10 hours ago, Coco8 said:

I'm confused. If an employer wants to do an EB3, you have to be working for them. Some people work abroad and others get a work visa, while the PERM/EB3 is ongoing. How are you going to be on a J1 and in the meantime, they are doing a EB3 for you that will take years? I've never heard of a job that makes an EB3 for anyone who isn't employed with them. I've only heard of companies/universities that do an EB1 directly, because they are hiring someone important and can be rather fast process. 

 

J1 won't affect EB3. 

 

EB3 application can affect J1, but it could depend on how good the graduate program you are going to is. If you go to a MBA at Chicago, more likely than if you go to a MBA at unknown place. 

 

Nothing will affect PERM. PERM is just PERM and they don't care about your status. It's based on labor rules.

 

What I don't quite get is why you need a J1 and not an F1. For grad school you usually take an F1. J1 is only if your funds come from certain place or if you were just on a J1 with a 2-year residency requirement (or something like that). So why J1?

 

 

Thanks for the info 

actually I do prefer J1 as does provide me a one year internship that is fully paid knowing that I will be applying from abroad and it is better than F1 as I already have master degree and I don’t want to pay 

the eb3 unskilled will be sponsored by totally different company 

however ,there is big obstacle that in most cases :is J-1 holders may become subject to a two-year home residency requirement, which means that they are required to return to their home countries for two years after completion of J-1 program. 

so they Canot do AOS for the eb3 nor apply through consular as well for eb3 after the 2 years 

9 minutes ago, SteveInBostonI130 said:

So...  What happened to the CR1?

 

 

 

 

If your employer requested prevailing wage for PERM 4 months ago, in July, then it will be about 4 more months for DOL to respond.  They are currently working on requests from Feb 2021.  Here's the current processing times:

 

https://flag.dol.gov/processingtimes

 

After PWD the employer will need about 2 months to determine a qualified candidate exists in the US before they can hire you.  It will probably be June 2022 when the employer can submit the PERM application.

That is not true ,there are two types of PWD ..the one I’m referring to already started processing from June ...it depend on your employer what category of PWD is using 

anyway i am sure about the perm date and not here to talk about it 

my question was clear will apply for PERM affect my J1 visa and does applying for j1 visa affect the PERM 

12 minutes ago, arken said:

PERM and J1 do not contradict each other. Note that PERM itself is not petition to hire you as a permanent employee, it's just a request for a permission by your employer to the DOL to petition you.

 

Have your future employer already started the initial processes of PWD and recruitment process? If not PERM in December is highly unrealistic.

Thanks for the info

yes my employer had done the pwd from 4 month and they will be ready for PERM next month  but I was thinking to ask them If they can delay  till March so I can start the J1 year before to avoid any problem 

2 minutes ago, carmel34 said:

Either way you go, J-1 or EB-3, both are taking 12-18 months right now, so plan on leaving the US when your I-94 expires to wait out the process.  Don't jeopardize either one by overstaying.

Thanks but my concern if it is better to apply for PERM before J1 

or applying to J1 before PERM 

as my J1 program start on March and I can ask the employer to delay applying for PERM until I get the J 1 visa and sure I will not overstay ..that why I am asking as a bit worried 

4 minutes ago, Boiler said:

The US spouse and the CR1, what happened to that? are probably bigger factors.

Hahaha we broke 😂

Hello everyone 

I have master degree and there is a company that is willing to sponsor me and will submit my PERM on December (under en3 unskilled category )

however ,I am currently on tourism visa and I will be doing a 12 month graduate program in LA and I will be applying for J1 visa that start on March 

I am afraid that having J1 visa may affect my eb3 process and should I apply for J1 before the company apply for PERM or after or it has no affect 

knowing that J1 program is related to Business 

thanks 

10 minutes ago, Paul & Mary said:

3x21=63

3x20=60 so according your math shew is 3k short.   You may want to look at the requirements for Montreal and she may need a joint sponsor.

 

 

It is either or 

if I have 64 k it should be enough no need for joint sponsor 

the CR1 financial rules are the same for all embassies 

55 minutes ago, Jorgedig said:

I don't believe you can self-sponsor if you're interviewing in Montreal.

 

She will need a joint sponsor.

The requirement is that I should subtract 21 k to her income so if her income is zero then it should be 21 k times 3 

that for financial rule the embassy should not interfere in that 

Hello

if my wife don’t work in US and she is student and she is American citizen 

how much saving should I have to be eligible for CR1 visa .is 60 k enough knowing that she don’t work at all .

thanks 

Dear all ,

When I am married to a girl US citizen girl in US and after marriage the girl moved to Canada with me (I am asylum claimant in Canada )

can she still file I 130 and process the CR1 visa while she is not in US and what about if she file it in US and moved (for her job she works online )

thanks 

31 minutes ago, mushroomspore said:

Umm no.

It is yes 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

6 minutes ago, Sinead91 said:

Your service centre is assigned to you by USCIS, you can’t choose.

 

 

 

this whole thread is a roller coaster 

Where your petition gets routed to depends on what state the petitioner lives in and there are four possibilities

12 minutes ago, mushroomspore said:

Umm no.

Check it it used to be 30 day’s and then 60 and now 90 days 

Btw does anyone know Raleigh to which service center 

9 minutes ago, Xyrstine said:

It is illegal to intend to marry and adjust status whilst on a tourist visa. Also, every case is different depending on sheer luck, the beneficiary's country, personal circumstances for both the petitioner and beneficiary, service centre etc.

If you fill in a timeline yourself and start the application- you will get a rough estimate into the approval. 

I took my visa 7 years ago so when I applied I had no intend to do anything .anyway thanks for the advice .I prefer CR1 because I have work 

3 minutes ago, Xyrstine said:

I think you need to read the responses again. What you are trying to do now is justify potential fraudulent activity and has been stated numerously before- this site and its members will not advise anyone on any illegal activity. The site that you have posted also states this. There is no official "rule".

Look into the immigration guides that are posted on this site. We have all had to wait to be with our loved ones. If you continue to pursue this line of enquiry you will be caught out. Good luck.

I’m asking here to know what is legal and what is not .I checked your timeline and it seams CR1 visa is best choice .your timeline cost in 2020 and contradict what I was told that processing time for CR1 May takes 18 month eve more 

https://myorlandoimmigrationlawyer.com/trump-administrations-new-90-day-marriage-rule-puts-green-card-applicants-at-risk

Hello everyone 

is it true that the CR1 visa is taking now 18 month for the interview .this is what an immigration lawyer have told me 

1 hour ago, Luckycuds said:

There is no rule. That's a rumor. You have a lot of educating to do. Please start. 

It doesnot  matter if it is a rule or not any marriage that is done within 90 days his AOS be denied as a lawyer 

Ok I thought it was legal as most people do it so CR1 is the solution .is it true it is taking 18 month to process 

19 minutes ago, geowrian said:

See INA 214(b) to obtain a tourist visa, or INA 212(a)(7)(A)(i)(I) at POE for entering as an intending immigrant without an immigrant visa (or visa that allows immigrant intent like a K-1 visa).

Also see the expedited removals some people have received as a result of trying this. Just Google it and you'll see plenty of it.

If that is the case there would not be a 30 60 90 days rule for marriage 

41 minutes ago, NancyNguyen said:

Don't get caught with your intention.

I didnot need an advice my question was clear