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bestofboth

Yet another RFE :0(

By bestofboth in Adjustment of Status from Work, Student, & Tourist Visas

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bestofboth Contributor

bestofboth   1

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
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Hey guys! i've received an RFE for my i-485 application. It says:

Documentation submitted with your application indicates that you last entered the United States as a J-1 immigrant..... blah blah blah..... residence requirement... blah blah blah... 2 years.... blah blah blah...

Please submit evidence that you have fulfilled the requirement

or

Submit evidence that you have been granted a waiver

or

Submit evidence showing that you are not subject to section 212(e) of the immigration and nationality act.

I've been told by the immigration people at my school that i'm not subject to the 2-year requirement on my current J1 (i was subject on a previous J1 but received a waiver for this which i sent along with my application). However when i look at my current DS2019 neither box is checked - 'subject' or 'not subject'. So i'm wondering what evidence can i submit which shows that i'm not subject to the requirement (they've already got my DS2019)?

Also, in the first RFE i received, it said that my i-765 would be processed within 90 days of the receipt of my missing evidence. On this one, the i-765 is not mentioned. Does that mean that the EAD process is not being delayed by this RFE?

Many thanks as always!

09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

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juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

How did you get your second J-1 status?

Did you extend the previous one while staying in US or did you go back to your country and you got a visa stamp in your passport?

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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bestofboth Contributor

bestofboth   1

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
  • Author
Posted
How did you get your second J-1 status?

Did you extend the previous one while staying in US or did you go back to your country and you got a visa stamp in your passport?

I went back home for a year and came back on a completely new J1. The first one was for study (funded by my UK student loan). My current one is for work (funded by my employer in the US).

09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

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marie09 Community Regular

marie09   5

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
How did you get your second J-1 status?

Did you extend the previous one while staying in US or did you go back to your country and you got a visa stamp in your passport?

I went back home for a year and came back on a completely new J1. The first one was for study (funded by my UK student loan). My current one is for work (funded by my employer in the US).

Could you get a letter from your school's immigration department verifying that your J1 is not subject to the 2 year rule? I don't know enough to know if that would satisfy the RFE but it surely would help...

I had a J1 exchange visa 6 years ago... I think if i remember correctly that the Ds2019 is initially prepared by the school... then sent to the govt... I know some parts the school can later fill out like signing for you to leave the country. it seems strange the 2 year box isn't filled out... Maybe they could revise the DS2019?

Good luck and sorry I don't know more on the subject but bumping up your thread so someone who does can help soon.

:star:

Nov 6, 2012 N-400 mailed

Nov 7, 2012 N-400 delivered to Phoenix lockbox, signed by Arndt & case priority date

Nov 9, 2012 Case Touched, NOA date

Nov 13, 2012 Got text/e-mail with case number & the check was cashed :)

Nov 14, 2012 Case updated online to say biometrics apt. notice is on its way!

Nov 16, 2012 Received NOA & biometrics apt. letter

Nov 28, 2012 Biometrics apt.

Jan 4, 2013 In line for interview!

Jan 5, 2013 Scheduled for interview!

Jan 10, 2013 Received interview letter

Jan 19, 2013 Received yellow letter dated 1/16 asking me to bring more passport pics to the interview

Feb 11, 2013 Interview

Mar 8, 2013 Got an online update - oath scheduled!

Mar 13, 2013 Oath letter received

Mar 22, 2013 Oath! Officially an American citizen!

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RebeccaAndPhil Proficient

RebeccaAndPhil   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

You can get something called an "Advisory Opinion" which is basically a letter you get from the Waiver Review Devision stating you are not required to fulfill the 2 year residency requirement. Unfortunately it might not be the quickest answer but it will at least be an official document that will prove your case.

Read more about this here: http://www.hooyou.com/j-1/j1_2year_rule_faq.html

Scroll down a little past the examples and it's there.

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

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