J-1 Waiver Timelines 2016

[Coco8 1,042]

45 minutes ago, logisticamente said:

Has anyone had this issue before? If they dont figure this out by September 15 I will contact a congressman.. not sure which one though.. I was living in Rochester, NY when I was in the US.. now I will be living in Perry, NY... any idea which one would be the most appropriate or will answer faster?

Better to contact a NY senator. They have more resources and people have said they do a better job than a representative. 

 

There are 2 senators so I'd go with the most senior one (so the one that has been a senator longer.)

 

[logisticamente 152]

36 minutes ago, Coco8 said:

Better to contact a NY senator. They have more resources and people have said they do a better job than a representative. 

 

There are 2 senators so I'd go with the most senior one (so the one that has been a senator longer.)

 

Thank You Coco8!!

I will look into that

[Wosniak 2]

Waiting on a non-objection based waiver. I read somewhere here in the forum that you don't need the waiver to make the interview for the Visa, is that accurate?

 

No Objection Statement	Received	August, 04 2017
Fee	Received	July, 11 2017
Form DS-3035	Received	July, 11 2017
Form DS-2019	Received	July, 11 2017
Passport Data Page	Received	July, 11 2017
Statement Of Reason	Received	July, 11 2017

[logisticamente 152]

1 minute ago, Wosniak said:

Waiting on a non-objection based waiver. I read somewhere here in the forum that you don't need the waiver to make the interview for the Visa, is that accurate?

 

No Objection Statement	Received	August, 04 2017
Fee	Received	July, 11 2017
Form DS-3035	Received	July, 11 2017
Form DS-2019	Received	July, 11 2017
Passport Data Page	Received	July, 11 2017
Statement Of Reason	Received	July, 11 2017

You dont need USCIS final approval if you are filling for AOS.. You do need Favorable Recommendation from DOS.

What kind of visa are you applying to?

For any immigrant-visa (or immigrant intent as is the K-1) You dont need the waiver to make the interview appointment BUT you need to have USCIS final approval at the interview or you will get denied...

[Wosniak 2]

30 minutes ago, logisticamente said:

You dont need USCIS final approval if you are filling for AOS.. You do need Favorable Recommendation from DOS.

What kind of visa are you applying to?

For any immigrant-visa (or immigrant intent as is the K-1) You dont need the waiver to make the interview appointment BUT you need to have USCIS final approval at the interview or you will get denied...

L1

[Coco8 1,042]

3 hours ago, Wosniak said:

L1

You need the final USCIS waiver for the interview. You should have the DOS letter soon and then it goes to USCIS. My USCIS waiver came in super fast, but others waited several months.

 

[KurosawaSan 52]

21 hours ago, Wosniak said:

Waiting on a non-objection based waiver. I read somewhere here in the forum that you don't need the waiver to make the interview for the Visa, is that accurate?

 

No Objection Statement	Received	August, 04 2017
Fee	Received	July, 11 2017
Form DS-3035	Received	July, 11 2017
Form DS-2019	Received	July, 11 2017
Passport Data Page	Received	July, 11 2017
Statement Of Reason	Received	July, 11 2017

That is not entirely accurate. Was your program in any way shape or form sponsored by the US Government?

[Wosniak 2]

2 hours ago, KurosawaSan said:

That is not entirely accurate. Was your program in any way shape or form sponsored by the US Government?

no, it was not.

[Wosniak 2]

Anyway, like they said previously, I will need the USCIS letter for the interview. It can take one week or two months. 

[Zarra 0]

HI guys, new in here.

 

i recently sent papers to request "advisory opinion" about my J-1 212(e). They received the package on September 7th 2017, so far nothing was updated on DOS website. Am i supposed to get something, like a receipt ? Also, will they display that they received my my package on the DOS website? Thanks in advance!!!

[logisticamente 152]

10 minutes ago, Zarra said:

HI guys, new in here.

 

i recently sent papers to request "advisory opinion" about my J-1 212(e). They received the package on September 7th 2017, so far nothing was updated on DOS website. Am i supposed to get something, like a receipt ? Also, will they display that they received my my package on the DOS website? Thanks in advance!!!

Hello Zarra,

You will not receive anything from the DOS until they make the decision of whether you are subject or not..

the DOS website will get updated, they usually take a week to 10 days to updated upon actual receive of the paperwork.. so the website should update sometime by the end of this week or beginning of next ..

 

Is a looooong process so dont get too desperate so soon into it!! Fingers crossed you are not subject!

[Coco8 1,042]

31 minutes ago, Zarra said:

HI guys, new in here.

 

i recently sent papers to request "advisory opinion" about my J-1 212(e). They received the package on September 7th 2017, so far nothing was updated on DOS website. Am i supposed to get something, like a receipt ? Also, will they display that they received my my package on the DOS website? Thanks in advance!!!

 

Maybe if you give us some specifics we can tell you if you are subject or not. A lot of people apply for the waiver directly because getting the opinion is a long process, and they rather apply for the waiver (even if they end up not being subject) and save some time. 

 

We can tell you if you are subject and then you decide how to move forward.

 

Edited September 11, 2017 by Coco8

[Zarra 0]

15 minutes ago, Coco8 said:

 

Maybe if you give us some specifics we can tell you if you are subject or not. A lot of people apply for the waiver directly because getting the opinion is a long process, and they rather apply for the waiver (even if they end up not being subject) and save some time. 

 

We can tell you if you are subject and then you decide how to move forward.

 

Thank you for your response Coco8, my internship was funded by a private international organization. No government funding is involved in there. 2 other students who came with me from the same country and program received 212(e) based on the "skills list". Consular officer put a check mark on my DS-2019 where it says "subject to 2 year rule" but failed to put a check mark on "based on" part. Anyways, I'm a finance intern and when i go to DOS website and enter my country, i don't see finance in the list of "skills list" for my country. 

[Coco8 1,042]

7 minutes ago, Zarra said:

Thank you for your response Coco8, my internship was funded by a private international organization. No government funding is involved in there. 2 other students who came with me from the same country and program received 212(e) based on the "skills list". Consular officer put a check mark on my DS-2019 where it says "subject to 2 year rule" but failed to put a check mark on "based on" part. Anyways, I'm a finance intern and when i go to DOS website and enter my country, i don't see finance in the list of "skills list" for my country. 

Ok. I think you should not be subject but because they selected you are, the opinion could go either way.  Even you are subject, you can get a waiver so you have an "easy" case.

 

If you have time, you should wait for the advisory opinion. If you need the paperwork soon because you have a job offer or are planning to do a spousal visa, you might want to apply for the waiver directly. The DOS opinion takes 6-8 weeks from the time they get all the paperwork. Getting the no objection from the embassy could take a while so your DOS opinion could take longer. After the DOS opinion, you have to wait for the USCIS waiver, which can take from 2 weeks to 2-3 months. So overall, the waiver is a 4-6 month process. 

 

 

Edited September 11, 2017 by Coco8

[Zarra 0]

2 minutes ago, Coco8 said:

Ok. I think you should not be subject but because they selected you are, the opinion could go either way.  Even you are subject, you can get a waiver so you have an "easy" case.

 

If you have time, you should wait for the advisory opinion. If you need the paperwork soon because you have a job offer or are planning to do a spousal visa, you might want to apply for the waiver directly. The DOS opinion takes 6-8 weeks from the time they get all the paperwork. Getting the no objection from the embassy could take a while so your DOS opinion could take longer. After the DOS opinion, you have to wait for the USCIS waiver, which can take from 2 weeks to 2-3 months. So overall, the waiver is a 4-6 month process. 

 

 

Thank you again, i don't have a lot of time since my DS expires on December and i have to leave on January. i took this route because the embassy refused to give me a "no-objection" saying that they don't do this stuff (I'm from a small country). If i do a waiver, it would be based on the "hardship" since my finance is a US citizen and we are planning to get married eventually. The reason we are not getting married now is that i have arrived to USA about a month ago, and fast marriage would be suspicious. So I'm waiting for some time to pass, while letting the "advisory opinion" to run on its own.