J-1 Waiver Timelines 2016

[visa1777 0]

HI amw_,

The question I am assuming from the above information" Does the change of case number is normal"? When you asked for advisory opinion a case number was assigned, may be DOS has changed to its original number. Please check with DOS J1 waiver division and follow their guidelines.

[WI_CA 51]

Hi guys.

I am new to this forum. Just received the DOS response today. Now the USCIS stage.

Funny part is, I am subject to the rule by mistake. After two advisory opinion and 1 year of wait on the second one without success, I decided to proceed with a No-objection waiver. See below

Department of State Decision: Favorable Recommendation

Item Action Date Recommendation Sent November, 30 2016

No Objection Statement Received November, 25 2016

Change of Address Received

November, 09 2016 Incomplete Information Letter Sent

November, 08 2016 Fee Received

October, 11 2016 Form DS-3035

Received October, 11 2016

Form DS-2019 Received October, 11 2016

Passport Data Page Received October, 11 2016

Statement Of Reason Received October, 11 2016

I haven't received the NOA from the USCIS so far- 16 days

Yesterday, I spoke to an officer, and they tried to look up my case without success.

Any advice on the matter?

I thought it take 1-2 weeks to get the USCIS notice.

Anybody's received the NOA after more than 2 weeks?

[WI_CA 51]

Got a call from my old residence. Turns out they sent it there. DOS sent their notice to my new address though.

So here is my update:

December 13, 2016 USCIS NOA Date

December 6, 2016 USCIS received

Department of State Decision: Favorable Recommendation

November, 30 2016Recommendation Sent

November, 25 2016 No Objection Statement Received

Change of Address Received

November, 09 2016 Incomplete Information Letter Sent

November, 08 2016 Fee Received

October, 11 2016 Form DS-3035

Received October, 11 2016

Form DS-2019 Received October, 11 2016

Passport Data Page Received October, 11 2016

Statement Of Reason Received October, 11 2016

[strider4 43]

Hello WI_CA,

May I please know what was your service center?

I get the feeling that Vermont is the slowest among the centers ti process J-1 Waiver NOAs.

Thanks!

Got a call from my old residence. Turns out they sent it there. DOS sent their notice to my new address though.

So here is my update:

December 13, 2016 USCIS NOA Date

December 6, 2016 USCIS received

Department of State Decision: Favorable Recommendation

November, 30 2016Recommendation Sent

November, 25 2016 No Objection Statement Received

Change of Address Received

November, 09 2016 Incomplete Information Letter Sent

November, 08 2016 Fee Received

October, 11 2016 Form DS-3035

Received October, 11 2016

Form DS-2019 Received October, 11 2016

Passport Data Page Received October, 11 2016

Statement Of Reason Received October, 11 2016

[WI_CA 51]

Hello WI_CA,

May I please know what was your service center?

I get the feeling that Vermont is the slowest among the centers ti process J-1 Waiver NOAs.

Thanks!

Strider4,

My service center is Vermont.

They are slow, but I have seen some people here and on another websites who got the final USCIS approval in 2 weeks.

​As for me, I might have been lucky getting the DOS approval in 5 days, but with the USCIS, it is a wait game. Nothing else to do.

How is your timeline looking?

Edited December 22, 2016 by WI_CA

[strider4 43]

I have been waiting for quite sometime now.

Here's my timeline:

-Case received by USCIS: September 21

-DOS Approval Sep 6

-NOC received: Aug 27

-DS3035 received: Aug 21

Strider4,

My service center is Vermont.

They are slow, but I have seen some people here and on another websites who got the final USCIS approval in 2 weeks.

​As for me, I might have been lucky getting the DOS approval in 5 days, but with the USCIS, it is a wait game. Nothing else to do.

How is your timeline looking?

[Poopahpoopah 2]

My timeline:

No objection statement: received Dec 08 2016

Fee: received Dec 07 2016

DS-3035: received Dec 07 2016

DS-2019: received Dec 07 2016

Passport Data Page: received Dec 07 2016

Statement Of Reason: received Dec 07 2016

Documents sent with priority mail on18th of Nov. Waiting for a decision!

[WI_CA 51]

I have been waiting for quite sometime now.

Here's my timeline:

-Case received by USCIS: September 21

-DOS Approval Sep 6

-NOC received: Aug 27

-DS3035 received: Aug 21

If you need an urgent response for whatever reason, you might wanna contact your local senator/congressman and ask them help you expedite the case.

Keep us posted and good luck

[strider4 43]

I requested for expediting my case while on the phone with USCIS inquiring about my case, sometime back. But I didn't hear back, other than the updates on my online account (I was told the center would directly call/post me in 5 business so I shouldn't contact USCIS for this). It's been ~20 days but I haven't received any phone call or letter.

My husband and I live in different states as I attend school not near home. After the favorable recommendation by DoS I can only work on-campus. During the current stage in my degree program, I have flexibility to work off-campus, as I'm done with coursework of my degree. I want to find a part-time job near home, so that I can live with my husband. But this delay is clearly not helping. The surest way to secure a part-time job or student research co-op, is by finding a summer internship. As of now, I cannot give a starting date to my interviewers either. Even after we file for I-130/I-485 it's going to take around 5 months (based on the wait times shown for the 5 centers). I really hope I get this done ASAP after new year now (I don't expect any news now, since the holidays are almost upon us). *sigh*

If you need an urgent response for whatever reason, you might wanna contact your local senator/congressman and ask them help you expedite the case.

Keep us posted and good luck

[WI_CA 51]

I requested for expediting my case while on the phone with USCIS inquiring about my case, sometime back. But I didn't hear back, other than the updates on my online account (I was told the center would directly call/post me in 5 business so I shouldn't contact USCIS for this). It's been ~20 days but I haven't received any phone call or letter.

My husband and I live in different states as I attend school not near home. After the favorable recommendation by DoS I can only work on-campus. During the current stage in my degree program, I have flexibility to work off-campus, as I'm done with coursework of my degree. I want to find a part-time job near home, so that I can live with my husband. But this delay is clearly not helping. The surest way to secure a part-time job or student research co-op, is by finding a summer internship. As of now, I cannot give a starting date to my interviewers either. Even after we file for I-130/I-485 it's going to take around 5 months (based on the wait times shown for the 5 centers). I really hope I get this done ASAP after new year now (I don't expect any news now, since the holidays are almost upon us). *sigh*

I am sorry, I don't get your situation. From the sounds of it, you are currently on F1 or F1-OPT, and you had a J1 with a 212e rule in the past and your spouse is a USC. And you are also planning to file AOS after you receive your waiver.

If that is the case, then you can file the I-130 and I-485 now after you received the DOS recommendation while waiting for the USCIS final approval. That is the route I am currently going through. During that process, the USCIS will have to make a decision in my waiver, I-130 and I-485 application at the same time or simultaneously.

Involving your senator/congressman usually gets things going and I would recommend you do it since you have been waiting for some time and you want to move on with our life; join you partner & file for I-130+I-485. You should do that regardless of the expedite request you placed on the phone with the USCIS.

Best of luck.

[strider4 43]

Thanks, I'll definitely reach out to our senator/congressman.

You've it precisely right. My husband is a USC and I have had a 212(e) due to a scholarship I availed previously. Our lawyer doesn't recommend filing for I-130/I-485 without having the final notice in. I filed the DS-3035 on my own, though.

I am sorry, I don't get your situation. From the sounds of it, you are currently on F1 or F1-OPT, and you had a J1 with a 212e rule in the past and your spouse is a USC. And you are also planning to file AOS after you receive your waiver.

If that is the case, then you can file the I-130 and I-485 now after you received the DOS recommendation while waiting for the USCIS final approval. That is the route I am currently going through. During that process, the USCIS will have to make a decision in my waiver, I-130 and I-485 application at the same time or simultaneously.

Involving your senator/congressman usually gets things going and I would recommend you do it since you have been waiting for some time and you want to move on with our life; join you partner & file for I-130+I-485. You should do that regardless of the expedite request you placed on the phone with the USCIS.

Best of luck.

[WI_CA 51]

Thanks, I'll definitely reach out to our senator/congressman.

You've it precisely right. My husband is a USC and I have had a 212(e) due to a scholarship I availed previously. Our lawyer doesn't recommend filing for I-130/I-485 without having the final notice in. I filed the DS-3035 on my own, though.

strider4

I am in the same position as you. I am subject to the 212(e) rule due to my J1 program and my spouse is a USC.

However, I followed the advice of an immigration expert - previous USCIS officer- and filed for AOS once I got the DOS favorable recommendation.

No-objection waiver is the only waiver that you are allowed to file for AOS, while the USCIS final verdict is pending.

It is totally legal and is mentioned on their website.

You will also get the EAD while you application is pending, which would allow you to work anywhere if you need to.

Best of luck

Edited December 23, 2016 by WI_CA

[strider4 43]

Thanks. But I cannot use the EAD as it would violate my current J-1 status (I still have a lot of time in the program). That's why I cannot take on any off-campus offer before the AOS gets approved.

Lets hope we all get our applications approved soon.

strider4

I am in the same position as you. I am subject to the 212(e) rule due to my J1 program and my spouse is a USC.

However, I followed the advice of an immigration expert - previous USCIS officer- and filed for AOS once I got the DOS favorable recommendation.

No-objection waiver is the only waiver that you are allowed to file for AOS, while the USCIS final verdict is pending.

It is totally legal and is mentioned on their website.

You will also get the EAD while you application is pending, which would allow you to work anywhere if you need to.

Best of luck

[WI_CA 51]

Thanks. But I cannot use the EAD as it would violate my current J-1 status (I still have a lot of time in the program). That's why I cannot take on any off-campus offer before the AOS gets approved.

Lets hope we all get our applications approved soon.

Applying for AOS means that you are forfeiting your current J1 status according to my understanding.

You are allowed to keep doing your job until you get your work permit/GC are finalized.

For example, I am still working at my current job while I am waiting for my EAD and ultimately, my GC.

Once I receive the EAD, I will update the visa office at my work place. Same applies for the GC.

The difference is that I cannot get any other job but my current one until I receive my EAD. I don't get your confusion

[KurosawaSan 52]

Anyone has any clue how long it takes for sponsor views to get back to DOS after they requested them?