J1 Visa Interview VS Consular Immigration Visa interview

[kmsrid]

Hello

I am a student currently doing my Master's program in India.

I have my immigration visa (GC) interview scheduled  end of this month.  In the meanwhile, my university has arranged for an internship for me in US Univeristy under J1 Visa and paperworks are in the advanced stage of process.  It is very likely that I will need to attend the J1 visa interview around the end of this month.

How should I proceed?  Kindly advise strategy and risks involved.

If I get the green card, can I disregard the J1 interview and  pursue internship?

Thanks

Sridhar

[pontevecchio]

Immigrant intent negates issuance of a J1 visa. What makes you think that the GC is not a certainty.?

[kmsrid]

I am now 22 years -  I-824 filed to facilitate consular processing when I was 19 years (recd when I was 19 and approved  when I was 20).  My attorney confirmed that age is frozen as of 824 receipt date.  But I-824 has been filed after 20 months of priority date becoming current.  No way of talking to my attorney as he passed away recently.  His partner tells me no issues but does not give details on what basis he is saying this.

But NVC accepted my fees for visa processing by sending an invoice and have forwarded the case to Consulate for consular processing.  When priority date became current, I did not hear from NVC or Consulate - I followed up with the consulate and they immediately mailed me to schedule for the interview.

no queries or RFE from NVC or Consulate.

Does this mean NVC has reviewed paperworks, frozen the age and then forwarded papers to consulate?  In that case, is the role of consular officer is just to accept NVC decision?

When Consulate notifies me to schedule appointment, does this mean they have also reviewed and found the case ok?

Who makes decision in such matters? - NVC or Consulate?

Thanks

Sridhar

 

[pontevecchio]

Your immigration petition was filed with the USCIS which has the legal authority. Your Consular Processing is done by the State Department of which the consulate is a part. All other things being equal and your Medicals are fine the Consulate CANNOT deny the petition . You do not want to be in double jeopardy. Postpone your J1 interview or do not make one till the IV is given to you.

[kmsrid]

Thank You - I am a derivative beneficiary - My father is a GC holder in Employment Category  and got his status adjusted in US - He has filed the paper works with NVC  for our family ( my mother, myself and younger brother now 21 years) which forwarded my case to Consulate.   So there was no immigration petition in this case.

But NVC accepted the paper works, send  an invoice asking us  to pay for visa processing fee.

Could you please let me know if the situation is same  or anything changes?

Thanks again for taking time to  help

 

 

 

 

[pontevecchio]

OF COURSE there was an Immigration Petition filed for you.  Wait for the Interview and then go on. Your J1 visa will not be granted as the matter now stands.

[kmsrid]

Hello

We are  getting ready for the Immigration Visa Interview at the Consulate - In our  case (myself, brother and Mother - derivative beneficiaries of my dad who is LPR), even after my priority date became current, we did not hear from NVC or  get any interview letter from NVC.  When followed up with the consulate, they sent us  an email asking us to schedule the interview.  We scheduled the interview and filled DS 260 ( all our names automaticallyshowed up in the when we gave the case number and invoice number  based on our submission of details/visa fee payment to NVC).

Questions :

When we go to Consulate, will they ask for the NVC letter?  We do not have one and is it ok just to show their email asking us to schedule interview

 

Would NVC have forwarded  our case and confirmed the availability of Visa Number?  How to check this.

 

We have assumed that everything is ok based on Consulate's email and we were allowed to fill out DS 260 etc and our appointment dates were  confirmed.  Kindly advise any other precaution we need to take.

Thank You for taking time to help

 

[pontevecchio]

No precautions. Just think of all the poor sods waiting for a NIV while you guys get treated like royalty. The spadework has been done by the USCIS/NVC and the consulate just goes with the flow in the absence of medical contraindications or criminal background.

[kmsrid]

Hello

Went for Immigrant visa interview today - Our visa was rejected.  The reason was that even though  we filed I-824 to freeze the age, according to the consular officer the age is NOT frozen as we did not file 824 within 1 year of visa date first became available.  He was NOT willing to  consider  our points on 1) lack of legal knowledge, 2) our reliance on attorney advice ( our attorney - now passed away - in fact confirmed that age is frozen as of 824 receipt date and we showed the written confirmation),  3) fact that NVC has reviewed, accepted our fees and forwarded the case to Consulate. So we came back with visa rejected both for me and my younger brother.

Could any on advice on ways to go about?  

I need to travel to US   for an Internship at a US University that starts on Jan 4 - The Univ has already sent me J1 Docs  and I did not act on it as I wanted to decide after the GC Interview.  

Any advice would be greatly appreciated

Thanks 

 

[pontevecchio]

Give the firm of Murthy in Chennai a call and go on from there.