newyork28

Hello,

Need some advice. I got married to us citizen under a J1 visa in oct 08. No 2 year residency requirement. I applied for adjustment of status and received a receipt number stating my application was pending from the USA immigration in nov 08. I have recently received my work permit so I can now work in US. My J1 sponsor company wanted me to leave the usa within a month of my J1 visa ending in nov 08. I did not want to leave as I did not have my early parole form through. My J1 visa company have told me as I did not leave they will be reporting me to the proper authorties. Should I be worried?

Any help appreciated,

Thanks

Noorah101

No. As long as there's no 2-year HRR on your J-1, you are protected now under your AOS application, and you have an EAD so you can work legally. Are you still working for that same J-1 company? If so, then you need to update your HR records to show your current work status.

Rene

newyork28

No I stopped working for them in nov 08. I am currently looking for work. I was just really worried when they said they were going to report me. I really don't want to be deported!! They said even though I may be in status with usa immigration I have broken the terms of the J1 visa which is a serious matter as I commited to them.

Noorah101

Once you filed your AOS, you had the right to remain in the USA based on your marriage to a USC. Your J-1 ended when your employment with them ended, and if you had no 2-year HRR, you didn't have to go back home.

You might want to have a 1-time consultation with an immigration attorney, just to make sure, if you are nervous.

Rene

Noorah101

Did you finish out the contract you had with them? When did they say this? You stopped working for them (i.e., your J-1 finished) in Nov 2008...it's now May 2009 and they are just now mentioning this to you? How do they even know you're still here?

Rene

newyork28

They asked me when I emailed them about a deposit issue and I was honest. Maybe my mistake. I did finish the contract with them.

Noorah101

In my layman's opinion, you will be OK.

Rene

ian-mstm

You have done nothing wrong. Even if they do report you, you have nothing to worry about... you are protected because you have filed to adjust your status based on your marriage to a US citizen. They may have a bark... but there is *no* bite. Good luck with your adjustment.


They are lying to you. Soon, you'll have a green card and won't need any other permission to work/live in the US.

Ian

newyork28

Thank you everyone. You are making me feel better. I am abit shocked at the tone of the email I received from my sponsor company. They made me feel like a criminal. My only crime was falling in love!!!

meauxna

It sounds to me like they have a contractual complaint with you. Maybe they are also trying to maintain their own reputation with CIS if they are a J-1 sponsor organization. Many many J-1s seem to not go home.

In any case, your J status ended, but you successfully filed your AOS application, which now covers your stay here. Maybe you didn't make that clear to them and they got concerned.

ian-mstm

If they're concerned, it's because they don't usually come up against someone who doesn't need them. They can pretty much do what they want as long as the employee is sufficiently intimidated... but when the employee has another immigration route, they lose whatever control they had - and they don't like that, so they make every attempt to regain that control. And if that means threatening the employee, that's what they'll do.

As far as a "contractual obligation" is concerned, it's covered under civil law... and isn't an immigration issue.

Either way, newyork28 has nothing to worry about.

Ian