J1 Programs in Tandem Without Program Transfer: Will My EB2-NIW I-485 AOS be denied ?
Jan 7th 2008, 3:36 pm
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J1 Programs in Tandem Without Program Transfer: Will My EB2-NIW I-485 AOS be denied ?
Will my NIW-EB2-I 485 be denied-What will there be any way to adjust status in U.S./ other options??
1. Came to US on J1 in organization A and after 2.3 years changed to organization B. The Responsible Officer (RO) by mistake issued DS2019 to begin a new J program without transferring J1 from organization A to B. I-94 has D/S endorsement. The end date on DS 2019 of previous program and beginning date of new program (DS2019) was same. The second J1 program DS2019 was for a period of 1 year. There was no gap even for a day.
2. Applied for J1 wavier in the mid of the second program and was approved based on no objection.
3. Before the end date on the last DS 2019, applied for concurrent NIW (I-140, I-485, EAD) did not travel out of the U.S. any time.
The EB2 NIW filing took place after 8 months of failure to transfer J1 from employer A to B. Currently working on EAD. It is 2 years now that I am in U.S. after failure has occurred in transfer of my J1. I tried to look for a lawyer at that time to file my NIW petition but no one took my case due to rush of cases due to incoming retrogression in September 2005. Therefore, I ended up preparing and filing the concurrent EB2 NIW my self.
4. Never traveled out of the U.S.
5. Currently stuck in EB2 retrogression
6. Will my AOS be denied based on a second J1 program in tandem which was in the same field of research, provided I had I-94 D/S and filed concurrent EB2 NIW after 8 months of failure occurred to transfer J1?
Questions:
1. What could be the outcome of this violation and options available to remain in the U.S.?
2. 245 (k) may not cover me because it was more that 8 months to file NIW after J1 transfer failure occurred.
4. Because the J1 transfer failure being not my mistake (was mistake of RO) will my I485 be approved.
Please advice, if there could be any remedy for this problem.
Rock70
1. Came to US on J1 in organization A and after 2.3 years changed to organization B. The Responsible Officer (RO) by mistake issued DS2019 to begin a new J program without transferring J1 from organization A to B. I-94 has D/S endorsement. The end date on DS 2019 of previous program and beginning date of new program (DS2019) was same. The second J1 program DS2019 was for a period of 1 year. There was no gap even for a day.
2. Applied for J1 wavier in the mid of the second program and was approved based on no objection.
3. Before the end date on the last DS 2019, applied for concurrent NIW (I-140, I-485, EAD) did not travel out of the U.S. any time.
The EB2 NIW filing took place after 8 months of failure to transfer J1 from employer A to B. Currently working on EAD. It is 2 years now that I am in U.S. after failure has occurred in transfer of my J1. I tried to look for a lawyer at that time to file my NIW petition but no one took my case due to rush of cases due to incoming retrogression in September 2005. Therefore, I ended up preparing and filing the concurrent EB2 NIW my self.
4. Never traveled out of the U.S.
5. Currently stuck in EB2 retrogression
6. Will my AOS be denied based on a second J1 program in tandem which was in the same field of research, provided I had I-94 D/S and filed concurrent EB2 NIW after 8 months of failure occurred to transfer J1?
Questions:
1. What could be the outcome of this violation and options available to remain in the U.S.?
2. 245 (k) may not cover me because it was more that 8 months to file NIW after J1 transfer failure occurred.
4. Because the J1 transfer failure being not my mistake (was mistake of RO) will my I485 be approved.
Please advice, if there could be any remedy for this problem.
Rock70
Jan 7th 2008, 3:49 pm
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Joined: Sep 2002
Posts: 16,266
Re: J1 Programs in Tandem Without Program Transfer: Will My EB2-NIW I-485 AOS be deni
Will my NIW-EB2-I 485 be denied-What will there be any way to adjust status in U.S./ other options??
1. Came to US on J1 in organization A and after 2.3 years changed to organization B. The Responsible Officer (RO) by mistake issued DS2019 to begin a new J program without transferring J1 from organization A to B. I-94 has D/S endorsement. The end date on DS 2019 of previous program and beginning date of new program (DS2019) was same. The second J1 program DS2019 was for a period of 1 year. There was no gap even for a day.
2. Applied for J1 wavier in the mid of the second program and was approved based on no objection.
3. Before the end date on the last DS 2019, applied for concurrent NIW (I-140, I-485, EAD) did not travel out of the U.S. any time.
The EB2 NIW filing took place after 8 months of failure to transfer J1 from employer A to B. Currently working on EAD. It is 2 years now that I am in U.S. after failure has occurred in transfer of my J1. I tried to look for a lawyer at that time to file my NIW petition but no one took my case due to rush of cases due to incoming retrogression in September 2005. Therefore, I ended up preparing and filing the concurrent EB2 NIW my self.
4. Never traveled out of the U.S.
5. Currently stuck in EB2 retrogression
6. Will my AOS be denied based on a second J1 program in tandem which was in the same field of research, provided I had I-94 D/S and filed concurrent EB2 NIW after 8 months of failure occurred to transfer J1?
Questions:
1. What could be the outcome of this violation and options available to remain in the U.S.?
2. 245 (k) may not cover me because it was more that 8 months to file NIW after J1 transfer failure occurred.
4. Because the J1 transfer failure being not my mistake (was mistake of RO) will my I485 be approved.
Please advice, if there could be any remedy for this problem.
Rock70
1. Came to US on J1 in organization A and after 2.3 years changed to organization B. The Responsible Officer (RO) by mistake issued DS2019 to begin a new J program without transferring J1 from organization A to B. I-94 has D/S endorsement. The end date on DS 2019 of previous program and beginning date of new program (DS2019) was same. The second J1 program DS2019 was for a period of 1 year. There was no gap even for a day.
2. Applied for J1 wavier in the mid of the second program and was approved based on no objection.
3. Before the end date on the last DS 2019, applied for concurrent NIW (I-140, I-485, EAD) did not travel out of the U.S. any time.
The EB2 NIW filing took place after 8 months of failure to transfer J1 from employer A to B. Currently working on EAD. It is 2 years now that I am in U.S. after failure has occurred in transfer of my J1. I tried to look for a lawyer at that time to file my NIW petition but no one took my case due to rush of cases due to incoming retrogression in September 2005. Therefore, I ended up preparing and filing the concurrent EB2 NIW my self.
4. Never traveled out of the U.S.
5. Currently stuck in EB2 retrogression
6. Will my AOS be denied based on a second J1 program in tandem which was in the same field of research, provided I had I-94 D/S and filed concurrent EB2 NIW after 8 months of failure occurred to transfer J1?
Questions:
1. What could be the outcome of this violation and options available to remain in the U.S.?
2. 245 (k) may not cover me because it was more that 8 months to file NIW after J1 transfer failure occurred.
4. Because the J1 transfer failure being not my mistake (was mistake of RO) will my I485 be approved.
Please advice, if there could be any remedy for this problem.
Rock70
J-1 is a specialty area that frightens [or should frighten] most immigration lawyers. Bruce Hake is the man for the entire country. See http://www.hake.com/pc/
He is good. Strike that -- he is the best.
