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Lucamora

P.I moves to second university while still affiliated with the first one. Inquiring about second research location after J1 2 years rule waiver approval

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Posted

Hello,

I am currently on my 4th year of J1 with a valid DS2019 with the university A until the natural expiration of my J1 at the end of the 5th year. 
 

I recently got a favorable waiver rec commendation from both DOS and USCIS. 
 

My PI will move to university B and wants me to go there keeping my DS untouched from its current affiliation from university A. My contract is also still valid from university A since getting paid by them. No transfer will be done to university B since aware about my I-140 pending and waiver approval, so I will still work for university A. 
 

kn top of that he would like also to increase my salary. 
 

do you think that, despite my DS and my contract are untouched with university A, can me going as temporary visiting to university B cause a treat to my J1 waiver approval?

Filed: K-1 Visa Country: Wales
Timeline
Posted

I need a translation.

“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.”

Posted

Sorry I wrote the thread from my phone and the auto-corrector created a disaster.

I can try to explain it better.
 

I am currently in the fourth year of my J-1 status with a valid DS-2019 issued by [University A], which remains valid until the natural expiration of my J-1 at the end of the fifth year.

Recently, I received a favorable waiver recommendation from both the DOS and USCIS.

My PI is moving to [University B] and would like me to work there temporarily while keeping my DS-2019 and official affiliation with [University A] unchanged. My contract with [University A] remains valid, as I continue to be paid by them, and no formal transfer to [University B] will take place due to my pending I-140 and waiver approval.

Additionally, my PI intends to increase my salary.

Given that my DS-2019 and contract remain unchanged with [University A], could my temporary visit to [University B] pose any risk to my J-1 waiver approval?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
1 hour ago, Lucamora said:

PI

?

 

Regardless of what "PI" means, you need to work with your ISO from both universities and consult with an immigration attorney

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Posted
On 2/28/2025 at 9:33 AM, Lucamora said:

Sorry I wrote the thread from my phone and the auto-corrector created a disaster.

I can try to explain it better.
 

I am currently in the fourth year of my J-1 status with a valid DS-2019 issued by [University A], which remains valid until the natural expiration of my J-1 at the end of the fifth year.

Recently, I received a favorable waiver recommendation from both the DOS and USCIS.

My PI is moving to [University B] and would like me to work there temporarily while keeping my DS-2019 and official affiliation with [University A] unchanged. My contract with [University A] remains valid, as I continue to be paid by them, and no formal transfer to [University B] will take place due to my pending I-140 and waiver approval.

Additionally, my PI intends to increase my salary.

Given that my DS-2019 and contract remain unchanged with [University A], could my temporary visit to [University B] pose any risk to my J-1 waiver approval?

 

What is the basis for your 212E requirement? Government funding or visitor's skills list?

 

I don't see it being an issue. We have had employees with similar situations. We did have a signed memorandum on file outlining the collaboration between the two sites (our category is Research Scholar). Since the basis of the J-1 is to exchange knowledge and foster collaboration within the scientific community (in this context), I dont think it's a problem.

 

You said you already received a favorable recommendation, has it gone to USCIS for approval? In that case, there is nothing to worry about. You just need to have your waiver in hand for an H1B petition.

 

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
Posted

Hello, 

thank you for your exhaustive response. 
My category is research scholar, professor and I was subject to the 212e because I received gov funding from my home country. The rule has been waived through NO Obj statement from my home government and I have already received all the documents from USCIS stating a favorable approval (the free document with lady liberty where it’s written on top action notification).

I would like just to do a clean transition from J1 to H1B next year and finally to GC since I have also already received an approved I140. In my case I made it sure that no new DS will be created and I’ll keep the actual one valid until it’s normal expiration next year, in order to not create issues with the waiver approval. 
I hope that not changing the DS, even if I have to do research for some time in a second place, does not compromise my status. 
 

best, 

Posted
11 hours ago, Lucamora said:

Hello, 

thank you for your exhaustive response. 
My category is research scholar, professor and I was subject to the 212e because I received gov funding from my home country. The rule has been waived through NO Obj statement from my home government and I have already received all the documents from USCIS stating a favorable approval (the free document with lady liberty where it’s written on top action notification).

I would like just to do a clean transition from J1 to H1B next year and finally to GC since I have also already received an approved I140. In my case I made it sure that no new DS will be created and I’ll keep the actual one valid until it’s normal expiration next year, in order to not create issues with the waiver approval. 
I hope that not changing the DS, even if I have to do research for some time in a second place, does not compromise my status. 
 

best, 

I would recommend having a MOU (memorandum of understanding / formal collaboration letter for your own records in case, but i don't see it affecting or impacting your J1 or your approval.

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
 
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