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6/2 Interview Result: PINK


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They also had a record of her previous trip to America (before we met) and he asked her under what program she got her J1 visa and what part of America she visited.

 

Screech.... whoa there... she had a previous J1? Did she have a 2yr FRR she had to fulfill? If so, did she wait it out or get a waiver?

 

For everyone with this weeks interviews... was CCP ever asked?

 

Lee

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Screech.... whoa there... she had a previous J1? Did she have a 2yr FRR she had to fulfill? If so, did she wait it out or get a waiver?

 

For everyone with this weeks interviews... was CCP ever asked?

 

Lee

 

Her J1 visa was stamped with wording that she was subject to the 2 year rule, but it was clear to me that she was not actually subject. She did menial work not on the list of jobs that are subject to the rule and the J1 was not government-sponsored.

 

We filed for an advisory opinion on the J1 to get a final decision as to weather she was subject or not to the 2 year HRR. The decision came back NOT SUBJECT and I submitted a copy of the web page with the ruling and her advisory opinion case number along with the I-129F to USCIS. It took about 2 1/2 months to get the advisory opinion, but I think it was good insurance and the I-129F sailed through USCIS at breakneck speed. Since the advisory opinion is issued by DOS, I think it saved USCIS a step or two in the process.

 

 

As to CCP: I seem to recall that we checked on a form somewhere that she had never had any affiliation with CCP and I don't believe they asked her at the interview. I believe past CCP membership is easily overcome by signing an affidavit, anyway, so don't stress about that.

Edited by Rick R. (see edit history)
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We filed for an advisory opinion on the J1 to get a final decision as to weather she was subject or not to the 2 year HRR. The decision came back NOT SUBJECT

 

As to CCP: I seem to recall that we checked on a form somewhere that she had never had any affiliation with CCP and I don't believe they asked her at the interview. I believe past CCP membership is easily overcome by signing an affidavit, anyway, so don't stress about that.

 

Thanks so much for the info, we rarely see a J1 here. In our case she is no doubt subject. The Chinese Govt paid for her full year of doctoral study in the U.S. and she is now working for the university that sent her there so she is definately in pay back mode right now, we have to wait it out... We're not even gonna try a No Objection Statement.

 

CCP seems to have eased off dramatically with those few people here who are/were CCP not getting asked. Our hope is she is A: not asked or B: they are satisfied with her letter/explanation... that's all we can hope for. After waiting out the 2yr FRR we do NOT want to have to stack another 4 months of blue for a CCP overcome.

Edited by Lee VD (see edit history)
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