Question regarding J1 Visa Waiver and Change/Adjustment of Status

[erik_23ph 12]

Thats a lot of applications to process in a day. Thanks for the info.

Also on more informative notes, in 2010 the DOS informed that:

(from AILA InfoNet Doc. No. 11010669)

So in that year, the 4 employees adjudicated about 5000 "no objection statements" based waivers (http://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/waivers/INA212eRecommendation_FY10.pdf), a work load of 1250/adjudicator over a year or about 50 petitions a day (assuming 250 working days per year). And if the one data entry clerk is the one responsible for input of everything into the system, then he's working on ~250 petitions a day! That's a very heavy workload! I feel bad for keep sending inquiries now. I wished the DOS would hire a couple more analysts do deal with this, but oh well.

[erik_23ph 12]

Yes as suggested by awe787 I can start the application for AOS now that a favorable recommendation has been forwarded to USCIS.

ILW.com and NOLO.com also mentioned the same thing on their websites:

If you're in particular hurry to avoid being out of status, maybe you should apply for the AOS with the I-797C? Or alternatively try to contact the service center after a month?

[blahblahblog 36]

Any sign guys?

[erik_23ph 12]

USCIS just approved my J1 Visa Waiver application. Below is the complete timeline:

November 2014 - Started application for No Objection Statement (NOS) from government of my home country.

January 2015 - Home country approved NOS. Forwarded NOS to the embassy in Washington DC.

- I sent DS-3035, Fee, Current Passport Page, Statement of Reason, and others to US Dept of State.

February 2015 - US Dept of State confirmed receipt of all requirements as well as No Objection Statement.

- After 3 weeks, US Dept of State granted Favorable Recommendation and forwarded to USCIS.

March 2015 - USCIS receipt favorable recommendation as stated in Form I-797 Notice of Action.

April 2015 - After 4 weeks, USCIS approved my J1 Visa Waiver.

[blahblahblog 36]

Yay! Waiting for mine, hopefully it will come soon.

[awe787 6]

USCIS just approved my J1 Visa Waiver application. Below is the complete timeline:

November 2014 - Started application for No Objection Statement (NOS) from government of my home country.

January 2015 - Home country approved NOS. Forwarded NOS to the embassy in Washington DC.

- I sent DS-3035, Fee, Current Passport Page, Statement of Reason, and others to US Dept of State.

February 2015 - US Dept of State confirmed receipt of all requirements as well as No Objection Statement.

- After 3 weeks, US Dept of State granted Favorable Recommendation and forwarded to USCIS.

March 2015 - USCIS receipt favorable recommendation as stated in Form I-797 Notice of Action.

April 2015 - After 4 weeks, USCIS approved my J1 Visa Waiver.

Congrats! I am happy for you.

[erik_23ph 12]

Thank you and best of luck. I know how patiently you are waiting. Yours will be approved soon. Keep us posted.

Yay! Waiting for mine, hopefully it will come soon.

[erik_23ph 12]

Thank you! I am done with the 2YHH curse finally.

Onward to AOS ...

Congrats! I am happy for you.

[awe787 6]

Thank you! I am done with the 2YHH curse finally.

Onward to AOS ...

Indeed a terrible curse is behind you.lol. To me it was even worse because I did not qualify for No Objection.

[Evenimente 10]

Good Day to all! I have a question and I hope someone can answer me. Im in the process of obtaining J1 Visa Waiver and my application is based on No Objection.

I used to be a J1 Visa holder and subjected to the 2 year home residency requirement based on the skill list of my country.

Septmber 2014 I got married to a US Citizen. My spouse is going to petition me to become a Permanent Resident but Ithe home residency requirement first must be waived first.

So I started the application in November 2014. First, I made a request for a No Objection letter from my home country and it was approved in January 2015.

After I got approval for No Objection letter, I submitted all paper work and requirements to US Dept of State ( DS-3035, Passport page, Statement of Reason, Application Fee, etc). About the same time our embassy in Washington DC forwarded the letter to the US Department of State.

In February 2015, the US Department of State approved my application and gave me a Favorable Recommendation, which was then forwarded to USCIS for final approval.

March 2015, I then received I-797C Notice of Action and a Receipt No. Now I can check the status of my case online. Its been only 3 weeks since I received the letter from USCIS so there is still no update on my case other than 'Your application is received'.. From what I read online it will take 6-8 weeks or more for USCIS to make a decision so I still have to wait few more weeks. From what I read also, 99% of cases based on No Objection that earned favorable recommendation from US Department of State eventually gets approval from USCIS but I dont want to be over confident at this point.

Here is my question. Now that my J1 Visa Waiver application is with USCIS, can I submit my application to change or adjust my status? Or should I wait for the actual J1 Visa waiver approval before I apply to adjust my stauts? Change or Adjustment of Status for US citizen immediate relative wait is 5 months.

Thank you for your time reading my post and I will appreciate any response/reply.

Best regards.

I am in the same situation . Applied for AOS on Jan 29th, USCIS approved my waiver on Feb 3rd, and then I sent them a copy. No problems so far...but still waiting for the interview.

There is a note in the Uscis manual stating that you can apply concurrently with the waiver if it is a no objection case.

Good luck!

[erik_23ph 12]

Hi Thank you! My J1 visa waiver has been approved recently. Still thank you for your info!

I am in the same situation . Applied for AOS on Jan 29th, USCIS approved my waiver on Feb 3rd, and then I sent them a copy. No problems so far...but still waiting for the interview.

There is a note in the Uscis manual stating that you can apply concurrently with the waiver if it is a no objection case.

Good luck!

[erik_23ph 12]

That's true. Im very thankful that Im all over with J1 visa waiver now.

Indeed a terrible curse is behind you.lol. To me it was even worse because I did not qualify for No Objection.

[medicalguy 11]

Hi, First, my waiver was based on hardship, so i was expecting my case to take long. USCIS received my favorable recommendation case on Jan 16th 2015 and approved it on Jan 26th 2015.My case was processed in California service center, which is usually pretty fast.They usually perform background checks, so it will depend on how quick yours go through, but you should receive something soon.

Once you receive a favorable recommendation for DOS based on No objection, there is no way USCIS will deny your waiver.

I am currently in the same boat you were in. I am going through an exceptional hardship waiver. USCIS recieved my I612 on 3/4/2015, and yesterday, (4/9/2015) we got an update "requested another non-USCIS advisory opinion for your Form I-612". Our lawyer says that that means USCIS has "moved" our case to DOS (probably sent I613). Our case is at California service center too. They seem to be fast, because this was much faster than I expected.

Can you please share your hardship waiver timeline?

[awe787 6]

I am currently in the same boat you were in. I am going through an exceptional hardship waiver. USCIS recieved my I612 on 3/4/2015, and yesterday, (4/9/2015) we got an update "requested another non-USCIS advisory opinion for your Form I-612". Our lawyer says that that means USCIS has "moved" our case to DOS (probably sent I613). Our case is at California service center too. They seem to be fast, because this was much faster than I expected.

Can you please share your hardship waiver timeline?

Your case is moving pretty fast than mine did. Your lawyer is right. This messages means USCIS has already determined exceptional hardship and now has forwarded everything to state department. What is standing between you and waiver is favorable recommendation from DOS. It took a month for me to receive favorable recommendation

Here is my timeline

10/15/2014: filed I-612 with USCIS, and DS-3035 with DOS

10/22/2014: alien reg. number changed

10/30/2014: Dos received my DS-3035 application(posted info online)

12/05/2014: USCIS requested non USCIS advisory opinion

12/10/2014: DOS received I-613 from USCIS

01/16/2015: Favorable recommendation send to USCIS

01/26/2015: USCIS approved my hardship case

02/01/2915: a Received hard copy I-612

Note: my case did not last long with DOS. No sponsor views or medical waiver recommendations were requested. So I think that sped up my process.

Good luck to you!

[medicalguy 11]

Your case is moving pretty fast than mine did. Your lawyer is right. This messages means USCIS has already determined exceptional hardship and now has forwarded everything to state department. What is standing between you and waiver is favorable recommendation from DOS. It took a month for me to receive favorable recommendation

Here is my timeline

10/15/2014: filed I-612 with USCIS, and DS-3035 with DOS

10/22/2014: alien reg. number changed

10/30/2014: Dos received my DS-3035 application(posted info online)

12/05/2014: USCIS requested non USCIS advisory opinion

12/10/2014: DOS received I-613 from USCIS

01/16/2015: Favorable recommendation send to USCIS

01/26/2015: USCIS approved my hardship case

02/01/2915: a Received hard copy I-612

Note: my case did not last long with DOS. No sponsor views or medical waiver recommendations were requested. So I think that sped up my process.

Good luck to you!

Thanks for the information! That is very encouraging. I am also in the same boat as you, in the sense that my hardship basis was exceptional hardship for US citizen spouse. I am a Physician engaged in graduate medical education. I actually submitted my DS-3035 in 11/2014 and all my documents were received on 12/18/2014. We delayed our application for I612 until I received my J1 Extension to 6/30/2016 to allow enough time to apply for adjustment of status and be approved, as I have to continue with another medical fellowship starting 7/2016.

I will be filing I-130 / I-485 as soon as this process is approved. What things do you think we should prepare in anticipation for this that could take some time and can be done while we are waiting? Should we file after we get a "favorable" status on the DOS website or just wait till USCIS finalizes the process?