J-1 visa interview after DS-3035 step

[AksR]

I have been on J-1 student status for my PhD, and currently am a post-doc on J-1 Academic Training (AT) status.
My AT status ends Sep 2017. My J-1 visa expired in 2010, and I've not been back to my home country in a long time. In Jan 2017 I am going to my home country to attend my J-1 visa interview.

Before finishing my PhD and starting my post-doc, I got my INA212e "2 year residency requirement" waived by US Dept of State. I realize that I cannot extend my AT period by another 18 months, since my DS-3035 is already approved.

In the context of my J-1 visa interview, I have been warned by my University that it is possible that a new J-1 visa stamp could be associated with re-imposition of the INA212e. I argued that I already have the DS-3035 approved and that the same skill list criterion cannot be used to impose INA212e on me, since it is already waived!

On top of this, I have been warned that if INA212e is imposed, then I cannot use the same 'reason' to request for a new waiver. In effect, if I cannot use a different reason, I have no option but to return to my home country for 2 years. I would prefer not being subject to this requirement for various reasons.

Does anyone have thoughts, advice, experience with such a situation? THANKS!

[munmunandy]

this is what we researched when we are in the same situation, I hope this helps, as per what we know we can definitely leave the U.S. but cannot re-enter on J1.

Can I travel outside of the U.S. after I have received my waiver approval of the Two Year Home Residence Requirement?

Once you or your dependent(s) travel and re-enter the U.S., you or your dependent(s) will be subject to the Two Year Home Residence Requirement all over again.

 

 

You can't travel on J1 once you file the I-140 since you have shown immigrant intent. If you can file I-485 in parallel you can get AP and EAD and switch to parolee status, but your J1 will be mostly useless. You can't use it to enter the US, and you can't renew it.

 

Basically, a visa is a document in your passport that allows you to apply for admission at the port-of-entry once you land in the United States. Actual admission is determined by the immigration inspector, not by the mere issuance of a visa. If you present a J-1 visa to the inspector, you are applying to enter the US under the provisions of that visa, i.e. a non-immigrant with the intent to return home after your program ends. You already have a waiver of the HRR, which is one strike against you, and if you file I-140 then you will effectively negate that visa. You can remain a J-1 while still in the United States (but you cannot extend your DS-2019), but once you leave, it is very risky to apply for readmission with a J-1. I wouldn't do it, and as nscagony said, wait to get advanced parole first.

 

once you have a waiver you cannot extend your DS-2019. So, some people what they do is they will extend their DS-2019 for the maximum possible period and then apply for waiver. Then, one will have lot of time to do all the processes like I-485 etc., So, even if you have your waiver when you apply for I-485, still you can stay on J-1 until your DS-2019 expires. Who knows? by the time your DS-2019 gets expired, you may have your GC in your hand. Even if you don't have GC in your hand by that time, you may start using your EAD after that.

 

 

You already have immigration intent (you got the HRR waiver, you are posting here about applying for GC). Thus, you are ineligible to enter the US on J-1. 

What you are asking whether INS is likely to suspect/find out about it, and stop you from entering. Thats hard to predict. 

If you re-enter the US on J-1 you are breaking the law in theory. Wether you will have problems in practice, you will have to find out. I would suggest you weigh the risks. Is the travel really worth being banned from re-entering?