tech

We are attempting to provide training for a non-resident who is currently
in country and in a process of changing status. The USCIS recently sent an
Request For Evidence on that one, so it it likely to take some more time.
We wish to provide the J training opportunity and want the candidate to
file for a change of status in the US. (I know it might be better to do it
outside but there are , as always, some complications in that.)

The immigration lawyer says that it is not possible to file a change of
status while another one is pending, or at least in the last six months it
is the case. I called the USCIS information line and they said it was OK.
Does anyone have any experience or referral to an information source about
this?

Thanks for your advice.

Bob

Ingo Pakleppa - see web site for email

On Tue, 27 Apr 2004 17:10:34 -0700, tec wrote:

    > We are attempting to provide training for a non-resident who is
    > currently in country and in a process of changing status. The USCIS
    > recently sent an Request For Evidence on that one, so it it likely to
    > take some more time. We wish to provide the J training opportunity and
    > want the candidate to file for a change of status in the US. (I know it
    > might be better to do it outside but there are , as always, some
    > complications in that.)
    >
    > The immigration lawyer says that it is not possible to file a change of
    > status while another one is pending, or at least in the last six months
    > it is the case. I called the USCIS information line and they said it was
    > OK. Does anyone have any experience or referral to an information source
    > about this?

There indeed is a lot of confusion about that. In this case, I would
respectfully disagree with the lawyer.

That said, this is an exception - usually, the rule of thumb is to NEVER
believe anything from the USCIS information line (they are not legal
advisors, and not qualified or trained to give legal advice), but rather
get advice from a lawyer.

In your case, I would probably call another lawyer for a second opinion.

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