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rzchen

I-824 to have my son to follow to join (Split)

By rzchen in Work Visas

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rzchen Rookie

rzchen   0

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Hello everybody,

I filed a I-824 to have my son to follow to join, and submitted DS-260 last Oct. My son entered US for job internship with J1 visa this year. Do we need to notify NVC for that? or is there any impact on the interview? Thanks

Edited by Crazy Cat
  • Crazy Cat changed the title to I-824 to have my son to follow to join (Split)
Boiler Grand Master

Boiler   45,753

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Filed: K-1 Visa Country: Wales
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I was trying to think of all the different permutations around this question, there are a lot, and there are no doubt some I have not thought of and do not know.

 

Are you looking for him to adjust status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,753

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No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lil bear Mentor

Lil bear   4,261

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1 minute ago, rzchen said:

NO,  He is waiting for the interview at Montreal consulate. I'd like to know if a history with J1 visa would impact the interview and the approval of GC. Thanks

As long as he complied with all requirements of previous visas, then many many beneficiaries of immigrant visas have previous US visa histories. Compliance and no unauthorized activities or overstay are key. 

rzchen Rookie

rzchen   0

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13 minutes ago, Lil bear said:

As long as he complied with all requirements of previous visas, then many many beneficiaries of immigrant visas have previous US visa histories. Compliance and no unauthorized activities or overstay are key. 

He did not overstay in US. My concern is that he obtained J1 visa and entered US when waiting for the interview.  Not sure if it is OK to enter US during Consulate Processing. Thanks 

Lil bear Mentor

Lil bear   4,261

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10 minutes ago, rzchen said:

He did not overstay in US. My concern is that he obtained J1 visa and entered US when waiting for the interview.  Not sure if it is OK to enter US during Consulate Processing. Thanks 

CBP would see his visa history. They let him in. Many visit using a visa waiver TN or visitor visa form the IR process. Is he still in the US or back in Canada now? 

rzchen Rookie

rzchen   0

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1 minute ago, Lil bear said:

CBP would see his visa history. They let him in. Many visit using a visa waiver TN or visitor visa form the IR process. Is he still in the US or back in Canada now? 

He is back to Canada now. Are you saying the applicant can even have a TN visa to work in US when waiting for the interview? Thanks

Lil bear Mentor

Lil bear   4,261

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1 hour ago, rzchen said:

He is back to Canada now. Are you saying the applicant can even have a TN visa to work in US when waiting for the interview? Thanks

Some have them before they apply to immigrate and continue to use them until they immigrate.  Not sure if they grant new applications during the process. 

Sm1smom Collaborator

Sm1smom   254

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12 hours ago, rzchen said:

NO,  He is waiting for the interview at Montreal consulate. I'd like to know if a history with J1 visa would impact the interview and the approval of GC. Thanks

Does the J1 include a 2 year home residency requirement? If your son’s J1 has a 2YHRR, then yes that will impact his GC approval unless he already has a waiver. So if there’s 2YHRR involved and he has not yet fulfilled that or already has a waiver for it, he needs to start working on obtaining the waiver. 
 

If 2YHRR involved, a history of a J1 visa will not impact the GC interview approval. 

rzchen Rookie

rzchen   0

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12 hours ago, Sm1smom said:

Does the J1 include a 2 year home residency requirement? If your son’s J1 has a 2YHRR, then yes that will impact his GC approval unless he already has a waiver. So if there’s 2YHRR involved and he has not yet fulfilled that or already has a waiver for it, he needs to start working on obtaining the waiver. 
 

If 2YHRR involved, a history of a J1 visa will not impact the GC interview approval. 

He was working as an intern for 4 months. Not sure if that J1 has a 2YHRR. Where can 2YHRR be seen?  Thanks

Boiler Grand Master

Boiler   45,753

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Filed: K-1 Visa Country: Wales
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He will know, it will be in his Passport

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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