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Found 30 results

  1. I have always been told by many people that, if I have an unfulfilled 2-year home residency requirement due to a J1 (212(e)), I am not eligible to change my status to O1 within the US; I will have to travel out of the US and apply for a O1 visa stamp to re-enter (and activate my O1 status). The USCIS website seems to confirm this info: https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status (scroll to the bottom of the page). However, my situation is different. I was on J1 three years ago, which was subject to 212(e). I then left the US but not to my home country, so my 212(e) has not been fulfilled (i.e., I still have it). I returned to the US this year on another J1 with another sponsor, which is NOT subject to 212(e) (it's stated clearly on both my current DS2019 and my J1 visa that I am not subject). My O1 petition has been approved, and the approval notice states that my status will be automatically change to O1 effective on the first day of my new job. It doesn't mention anything about having to travel out of the US. So I contacted the attorney who filed my O1 petition, and he said that I was eligible to change my status within the US, that I didn't have to travel out to get my O1 visa stamp (unless I wanted to), and I needed not to worry. I'm still worried, to be honest, because many people have told me the opposite, and the USCIS website says the same thing. Is my attorney right? Can I change my status to O1 inside the US? Have you ever seen a case like mine? I just want to have assurance. Thanks!!!
  2. Hello, My situation is the following: I have been in the US on two J1 visas: the first one (06-2017/09-2017) was subject to the two-year rule, the second one (Aug-2018/Aug-2020) is not. My current J1 expires at the end of August 2020. I need to apply for a J1 waiver for the first J1 visa (06-2017/09-2017). At the same time, an institution is about to sponsor me a new J1 visa (my third) starting from the end of August 2020 (when the second J1 visa expires). As soon as the waiver is obtained the institution will change my status to H1b cap-exempt. Question: - Can I apply for a J1 waiver (for the first J1 visa) before my new (third) J1 visa is issued? In other words, if I apply for a waiver before August 2020, would the J1 waiver prevent the possibility to get the new J1 visa? Thanks
  3. Hi, Here is my time line for J1 2 years rule waiver ! My case was based on No Objection Statement. 12/28/2017 : sent my document to DOS and Consulate. 01/02/2018 : Consulate received my document (USPS Tracking check) 01/03/2018 : DOS received my document (USPS Tracking check) 01/16/2018 : 'All document was received' Updated on DOS website 01/23/2018 : Consulate sent my No Objection Statement to Embassy 01/30/2018 : Embassy sent my No Objection Statement to DOS 02/06/2018 : 'No Objection Statement was received' Updated on DOS website 02/15/2018 : DOS sent Recommendation to USCIS 02/20/2018 : My lawyer received Recommendation letter from DOS 02/20/2018 : USCIS received my document 03/05/2018 : My lawyer received I-797C (Notice date : 02/23/2018) 03/08/2018 : J-1 WAIVER WAS APPROVED 03/12/2018 : My lawyer received I-797 (Notice date : 03/08/2018) USCIS website is still showing that my case status is 'Case was received At Another USCIS Office'
  4. Hi, So I used to have a green card when I was a child. I am now 28 years old. My green card expired when I was 18, which was 10 years ago. I have been back in my home country (Trinidad. & Tobago) for about 12-13 years. I have NEVER been in the US illegally. The reason my green card was never renewed was because I wanted to live with my mother in Trinidad & my father who I would visit in the US died. I’m now pursing my Bachelor in education to become a teacher! (YAYYY ME) I was told by my lecturer that I could gain experience with a J1 visa teaching in the US for a year or two. What I want to know is would my old GC stop my J1 from being approved? I’m thinking no because I was a minor & I was never in the country illegally, but it would help to get advice from one of you lovely souls. Ty in advance ❤️🤟🏽🥰
  5. Hi, Since the pandemic started, my visa situation has gotten complicated. I was applying for j1 visa under the graduate programme that let's me do an internship for a year. I went through the whole process, went for the interview and got my visa. I had my flight booked the 10th of April. Since the pandemic happened, I did not fly. My plan was to wait for this to be all over and contact the company (usit) that helped me get my papers so I can update them. A month ago, Usit has gone into liquidation. They are gone and will not be refunding any money. Here is where my problem lies, I got all my paper done before any of the Covid had taken effect. All I needed to do was fly out. Is my visa still valid? I technically didn't cancel my trip, the US government did. So is it their responsibility to issue me new papers and visa? I've tried to do some research but this is such a new circumstance for everyone, there's not much out there. I would be grateful for any advice, as I feel I'm really stuck right now. I have no idea who to contact. Thanks.
  6. Hello everyone, I have a very specific question due to my adjustment of residency case that was denied two and a half years ago in November 2017 that I can't find any answers to, not even asking the embassy in my home country. I came to the US in 2016 on a J-1 and married my long term boyfriend (US Citizen) before my visa period was over in the US. We went through the whole process of applying to register permanent residency of a US-spouse and were denied one year later because of the lacking waiver to the 2 year home country requirement. We went back to Europe, first to Sweden and then back to my home country Germany where we have been living since last year now. Now that those two years have passed, we wanted to apply again (we never appealed the decision back in 2017). I was wondering if there is a shorter and less money consuming process than doing the whole thing again with maybe reopening the old case? If anyone has some experience with this very specific type of visa-denial and forms of applying again, I would be entirely grateful! Thank you guys beforehand for taking the time in reading and answering this.
  7. Hi, my work experience is different from my bachelors degree, because after graduation I had to take any work which was available at the time. Will this be a problem when looking for a work visa sponsor in the us. Thank you.
  8. I'm currently on a temp j1 visa for 6 months, I just started so I basically have the full 6 months. I am not subject to the 2 year home residency requirement. My employer has immediately started my h1b petition and I am cap-exempt, I am also paying for premium processing. But with the coronavirus outbreak, I am worried about the possibility of my approval taking longer than average. What happens to me if my visa expires before my h1b is approved but the process is already started? I tried to call uscis but I could not get a hold of anyone. Thank you in advance.
  9. Hi all! My husband is finishing his 2-year home requirement at the end of January (basically 1 month from now). We have already got the I-130 form approved, and would like to submit the DS-260 form as soon as possible. Does anyone know if submitting this form before the home requirement has ended will result on his application being put on hold (there is a question on this form indicating whether the 2yr home requirement has been completed, with an option for explanation below)? We would be careful not to schedule the interview before the home requirement has finished, but we are under a tight timeline and would like to start the processing as soon as possible. Any experience/knowledge would be appreciated!
  10. Hi, Happy Holidays! I would like to inquire on what visa to process next if I plan to extend my stay in the US. My visa ends this April 2018, and I have 1 month grace period to stay in the US. However, I am 3 months pregnant. By the time my stay ends I will be 8 months then and almost my due date. My Doctor will not advise me to travel since it is not safe for my health and the baby’s. Me and the Dad of the baby are not planning on marriage yet and I am worried to get into labor without a visa in the US and will be illegal. My friends told me to process a student visa since I dont have the 2 years requirement to stay back in my country and most of them are already working on it and got approved. But it is quite expensive and I honestly cant afford it with a baby on the way and paying for the tuiton. And another option they told me is to get a tourist visa, which I am also concerned if I will get approved because the USCIS might think I am using the visa just to have a US citizen baby. I am so anxious and stressed about this. I know its not good for the baby for me to overthink but I cant help it since the days passed by so quickly. I really appreciate all the advice that you can share. Thank you.
  11. Hello everyone! 1. I mailed my AOS paperwork on 10/05/19 2. I got mail with NOA on 11/01/19 saying they have received my documents, the biometrics fee and they are working on my case 3. I received a RFE on 12/07/19 saying I have a missing Medical Examination (we didn't sent it because I wanted to file my petition before my DOS2019 expired and the lab results were delaying a bit so we thought we will just bring the medicals at the interview date) The letter said: - If i receive a mail with visa interview date, to bring the medicals then, or - if my case doesn't require me to have an interview, they will send me a letter with instructions when and where to mail my medical examination. Now the questions here are: - in this RFE I have only 1 stated issue with my petition - the missing medicals. Does that mean everything else on my application is all good and it's just the medicals? Or should I still worry and hope everything else (sponsors, etc) is all good? - is it normal to receive RFE before I have even received a date for biometrics? Thank you so much in advance!!
  12. Hello guys, I'm from France and currently in the US (NYC) on a J1 visa expiring in a few months. Before leaving to France I want to: Form an LLC (online on incorporate.org) Open a business bank account for this company I have an SSN and a personal checking bank account. I know that I cannot work for this company in the US without an appropriate work visa, I just want to form the structure while I am on my J1. I have a few questions before starting: Can I form the LLC legally without breaking the rules of my J1 visa? In which state should I create the LLC? I heard about Delaware but the most convenient location for me is NY. What is the easiest state for a guy in my situation? Can I create the business bank account associated legally without breaking the rules of my J1 visa? If my LLC is created in Delaware for example, can I open the business bank account in an NYC bank? After getting back to France, can I start prospecting, processing leads and invoicing my clients legally? Do I have to pay my taxes in France or in the US? I would prefer to pay them in the US because it's the state that is providing me all those opportunities. Thank you very much and happy new year!
  13. Hi guys! At the very beginning of my visa journey and the first thing I need is advice on is which visa I should look into. Here's my background... I'm a UK citizen, my girlfriend lives in California and has two children from a previous relationship so it makes more sense for me to relocate rather than her. We've been together two years (long distance, meeting up in person during holidays etc.) We are unquestionably committed to being together for the long term...so that's making me think K-1? On the other hand, I am a High School Physics and Chemistry Teacher with 9 years experience and a Master's in Chemistry, which might give me the option of J-1 instead? I am also an internationally published author, my first book was briefly a bestseller in the US and my second is soon to be published there. I highly doubt this qualifies me for an O, I don't think I'm anywhere near that level of "alien with extraordinary talent" but thought I would ask in case anyone knew. So...where should I begin? What kind of Visa is my most sensible option to start investigating? Thanks a bunch. I'm looking forward to getting to know this community.
  14. Hello! My fiancé and I have been together for 7 years and I have been going back and forth in the US but now I entered with a j1 visa. He finally proposed and we plan to get married before my contract ends with the help of a lawyer. Can we invite my parents to attend the wedding if my fiancé will write the letter since he's the citizen? What are the chances of them getting approved or denied? Thank you!
  15. Hello! I am a J1 visa holder from Hungary. I arrived to the U.S. in June 2016 so I'm spending my second year as an Au Pair (my program ends June 2018). I am planning to get married to a U.S. citizen in May 2018. If I'm right, just by marriage I won't lose my J1 visa. My current Host Family wants me to complete my program so they want me to work for them until June 10th. My Au Pair agency said they won't end my sponsorhip until the end of my program so I can complete it. When should we start the application process for the Green Card not to run out of time? Do I lose my visa by filing for Green Card? I want to complete my program but I also want to make sure that we file everything on time. Thank you for your help!
  16. Hi All, I'm in the process of emigrating from the UK to the US to join my wife and I have some questions on From DS-260 that I can't seem to find answers to and I would really appreciate any advice. 1. What is the Beneficiary ID number? From everything I've seen online, the NVC should have issued one but I can't see it on any of the documents or websites they sent/link to us. All I have is the Case number and Invoice Number. Have they started combining the Beneficiary ID and one of the other numbers and just not updated the general information? 2. regarding the question "Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?" I was and exchange student with a J-1 VISA but I was only there for 9 months with no plans of completing the 2 year residence requirement, Should I answer "Yes" and write the explanation or should I answer "No" as the 2 year option was never on the cards? 3. During my stay as an exchange student I got a Social Security Number and Card issued to me. Should give this number as asked for in the form, or is it better to say no and have a new one generated? As mentioned any help and advice will be greatly appreciated
  17. I am currently finishing a J1 exchange program. My visa expires on October 1st 2019 and I have a 30 days grace period before having to leave the US. I am planning on spending some time in the US and then leave to go to Mexico on October 20th. My question is, I’ll have to re-enter the US after Mexico to take a flight back to Europe on November 5th. Can I apply for an ESTA while in Mexico I (staying 7 days) to be able to re-enter the US for a couple days as my J1 visa will expire the moment I leave the US? (Knowing I don’t have the 2 year home residency requirement). Can I apply before even going to Mexico or having my J1 expire? Thank you
  18. I am currently finishing a J1 exchange program. My visa expires on October 1st 2019 and I have a 30 days grace period before having to leave the US. I am planning on spending some time in the US and then leave to go to Mexico on October 20th. My question is, I’ll have to re-enter the US after Mexico to take a flight back to Europe on November 5th. Can I apply for an ESTA while in Mexico I (staying 7 days) to be able to re-enter the US for a couple days as my J1 visa will expire the moment I leave the US? (Knowing I don’t have the 2 year home residency requirement). Can I apply before even going to Mexico or having my J1 expire? Thank you
  19. I am new to this forum so I apologize in advance if I this topic was covered already or if I am against the page's policies in any way. Basically, the situation is that my wife entered the country with a J1 visa and overstayed. The 2 year requirement doesn't apply to her. I am a US citizen. We got married 3 weeks ago after 3.5 years of relationship and now I'd like to start the process for her to get the green card. I am a little confused about which forms to fill after reading the instructions in form I-130 and I-485. I am debating now weather to hire an attorney, a middle man with knowledge in immigration forms, go to a website like "Citizenpath" or "Simplecitizen" to help me fill out the forms, or to do it myself. This process is very important to us and I don't want to take the risk of being rejected for saving money. So my questions are: - which are the specific forms I should be filling for our case? Do I send them all concurrently? - Besides the forms, what supporting evidence should I attach? - I've heard there are medical exams and fingerprints to be taken; is it true? what else should I expect in the process? Thanks in advance to anyone willing to help us.
  20. I had recently attempted to enter the US on a J1 visa in order to coach Soccer in California. Upon entry to the US my visa was revoked as the customs officer had determined that I had worked casually in the US under an ESTA previously in the US whilst on holiday. In my visa application I had stated that I had never done this. I am now wondering what my options are for now and for the future entry into the US. I am aware I can no longer enter under the ESTA. However, I would like to know the likelihood of acceptance of another working visa or B2 travel visa either now or in the future. Thanks
  21. I came here as J1 student last 2015 and didn't return to the Philippines after my contract. So right now, I'm out of status and last year I decided to get married to a US citizen, december 2018. Now, I want to file for a green card with concurrent filing, just not sure if I still have to submit G-325 or G-325a? I already filled out the forms I-130, I-130A, G-1145, I-485, I-765 and I-131. Am I missing something? or is there something I don't need to submit regarding the forms that I filled out? I have all the requirements that I need including my spouse's birth certificate, copy of passport, our marriage cert, my birth cert. (philippines), copy of my passport and expired J1 visa, I-94, SEVIS, joint tax, house lease, utility bills, bank statements (joint account), pictures, affidavit of support from 3rd parties, invoice from online orders, cert of employment, spouse's pay stubs Also, I'm really not sure how to assemble my packet? can anyone please help me? I watched a lot on youtube on how they prepare their own packets but most of them are K1 visa. not sure if it's going to be the same with my situation. Thanks for all your help!
  22. Hi everyone, I’m an au pair but I have to quit because of some health issues. A friend of mine told me that there is possibility that I can’t enter the US again on a ESTA for a holiday. It’s kinda freaking me out because I would love to come back as a vacation, and nothing else. Is this true? Or do get troubles when I’m at the airport/border when I want to enter the US in the future? Can some one help me with it because I just can’t find any clear answers about it. Even the agency doesn’t have an answer for me. And did I violate my visa because I’m leaving before the end of my year/J1 visa ends? thank you in advance
  23. Hi there, I recently finished a j1 visa and filed an i-539 to change to a b2 before my time was up. I stayed on a further 3 months after finishing my j1 and then returned home in line with the dates given on my i-539. I then received a denial notice a month later saying it had been denied due to abandonment. I would like to return to the us for a week to go to a wedding and am wondering if my denial means my time counts as an overstay or not? I had D/S on my i-94. I am unsure how to answer the ESTA question about staying longer than authorized by the government, but my application was timely and USCIS did not give any other reason other than abandonment in my denial letter. Or am I better to apply for a B2? I feel this makes it look like I'm trying to return for longer but I literally just want to go to the wedding and leave. Thanks!
  24. Can you apply for a j1 waiver even if you don’t have a j1 visa stamp? That can happen if you change your status (in my case- F1 to J1) within the USA and not have not visited your home country Can you apply for a j1 waiver even if you don’t have a j1 visa stamp? That can happen if you change your status (in my case- F1 to J1) within the USA and not have not visited your home country
  25. Is it true that J1 applicants will no longer be able to file for federal tax refund? There have been rumours but I couldn't find any official source that states that.
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