2018 J1 WAIVER TIMELINE

[NIWjunkie 11]

Just now, Nataliya108 said:

I'm in the same boat. I have not seen any update since 09/13. 

I just checked my case again and noticed they have updated my case. However, they did not include my No Objection Letter as received, although the Brazilian consulate has sent it on Sept 19, therefore before they cash out my fees (Sept 26).

 

Do you guys believe there is any problem when the No Objection Letter arrives at DOS before the J1-waiver packet? Should I be concern about they delaying my case? I am really in a rush to get this waiver.

[Annina85 2]

14 hours ago, Coco8 said:

Did you receive a NOA1 with your number to check online your case?

 

Yes, sometimes the paperwork DOS sends to UCISS gets lost. You need to call USCIS.

I am in the same boat. I 've received favorable recommendation on May 23 and never got NOA1 from USCIS. I called Uscis and they said to contact the Vermont Service Center, who said to contact the DoS, who said to contact Uscis. Nobody knows and my document got lost!! I am really frustrated. 

[Nataliya108 0]

14 minutes ago, NIWjunkie said:

I just checked my case again and noticed they have updated my case. However, they did not include my No Objection Letter as received, although the Brazilian consulate has sent it on Sept 19, therefore before they cash out my fees (Sept 26).

 

Do you guys believe there is any problem when the No Objection Letter arrives at DOS before the J1-waiver packet? Should I be concern about they delaying my case? I am really in a rush to get this waiver.

Good for you to see the notification. 

I have no idea about your second question. 

[Sunny_20 2]

3 hours ago, fs2439 said:

ok sunny, if possible, let me know when you hear back as we may be on similar timelines. thank you

I will let you know once i hear any update on my case from USCIS. please you do the same, thanks.

[AOS2021 9]

6 hours ago, NIWjunkie said:

I just checked my case again and noticed they have updated my case. However, they did not include my No Objection Letter as received, although the Brazilian consulate has sent it on Sept 19, therefore before they cash out my fees (Sept 26).

 

Do you guys believe there is any problem when the No Objection Letter arrives at DOS before the J1-waiver packet? Should I be concern about they delaying my case? I am really in a rush to get this waiver.

Hi,

I've seen at least 3 different people in this thread that did the same as you and there were no problems. In fact, my case is similar - the letter from the embassy was sent before my packet arrived. Then comes my question to you: How long did it take for them to cash the check from the day they received your packet? They received my packet on September 22. I've sent a money order. Everyday since then I check online to see if my money order was cashed and nothing yet...

Edited October 4, 2018 by j1waiver2018

[AOS2021 9]

Never mind. They've just updated my case online. USPS didn't report my money order as cashed. Weird.

[MarianG 0]

Hi guys!

 

Any new recommendation from DOS? I don't see any approval for NOS received in August/Sep??  It would be great for us to know any current recommendations.

 

Thanks

 

[NIWjunkie 11]

7 minutes ago, j1waiver2018 said:

Hi,

I've seen at least 3 different people in this thread that did the same as you and there were no problems. In fact, my case is similar - the letter from the embassy was sent before my packet arrived. Then comes my question to you: How long did it take for them to cash the check from the day they received your packet? They received my packet on September 22. I've sent a money order. Everyday since then I check online to see if my money order was cashed and nothing yet...

It's kinda weird they did not cash out your money so far. Actually, in my case, they received my mail on 09/24 and cashed out my money on 09/26. It's been like 12 days or more they received your money order and nothing? I would definitely try to reach them out and see what's going on. Maybe you should at least send an email explaining your situation.

 

One more question, have they uploaded your case on the system acknowledging they received your No Subjection Letter?

 

Good luck!!!

 

[AOS2021 9]

1 minute ago, NIWjunkie said:

It's kinda weird they did not cash out your money so far. Actually, in my case, they received my mail on 09/24 and cashed out my money on 09/26. It's been like 12 days or more they received your money order and nothing? I would definitely try to reach them out and see what's going on. Maybe you should at least send an email explaining your situation.

 

One more question, have they uploaded your case on the system acknowledging they received your No Subjection Letter?

 

Good luck!!!

 

Yeah, very weird. But since now it's online - and they only open the case once they receive the fee - I'm not going to worry about it. Probably it will show up at some point at USPS.

Nope, they didn't. But similar thing happened to those people I told you about. If you're feeling brave, just read this entire thread and you'll find their comments. I think it took 1 week for the NOL to show up online.

[AOS2021 9]

8 minutes ago, NIWjunkie said:

It's kinda weird they did not cash out your money so far. Actually, in my case, they received my mail on 09/24 and cashed out my money on 09/26. It's been like 12 days or more they received your money order and nothing? I would definitely try to reach them out and see what's going on. Maybe you should at least send an email explaining your situation.

 

One more question, have they uploaded your case on the system acknowledging they received your No Subjection Letter?

 

Good luck!!!

 

Any way, don't worry. I almost panicked when I realized I should've sent the packet and paid the fee before the letter - in my mind I wouldn't pay a fee before knowing for sure that the Embassy would send the letter - but I found this website and plenty of similar stories! haha. Apparently, just because it's not showing on your case file, it doesn't mean they didn't receive it. It takes sometime for them to update the case.

Good luck for you too!

[OVO 1]

Hey guys I'm new here. I have a Conrad 30 j1 physician waiver which was recently approved by the DOS and sent to USCIS -Vermont (yet to receive the USCIS NOA).  My question is, are j1 waiver physicians cap exempt employee still eligible for premium processing ?

[AOS2021 9]

1 hour ago, OVO said:

Hey guys I'm new here. I have a Conrad 30 j1 physician waiver which was recently approved by the DOS and sent to USCIS -Vermont (yet to receive the USCIS NOA).  My question is, are j1 waiver physicians cap exempt employee still eligible for premium processing ?

Hi,
According to this website here https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays, beginning Sep. 11, 2018 suspension of H1B premium processing expanded to include additional H1B petitions. 

The suspension does not apply to:

1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or
2. Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
   1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
   2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).
      
      So first, Institutions and Employers are cap-exempt, not employees, or scientists, or physicians. If the Institution or Employer(s) that are hiring you are cap-exempt, then your case is cap-exempt. Second, was your petition filed before Sep. 11 2018? And by petition I mean H1B premium processing petition, not the waiver case? In fact, waiver and H1B premium processing petition *can* be filed together. If so, you don't have to worry. Now, if your employer is not cap-exempt, or you haven't filed a petition yet, and you're not filing it at the California Service Center, OR your case is not a continuation case filed at Nebraska, then you can not file for premium processing. Just read above. More information you can find on the website.
      
      Good luck!

Edited October 5, 2018 by j1waiver2018

[OVO 1]

36 minutes ago, j1waiver2018 said:

Seems I do not qualify as my employer is cap exempt BUT filed at the Vermont center. How are the filing centers that the waivers go to decided? is it the nearest center and is there anyway to request a transfer from one center to the other in order to undergo premium processing? I guess I will have to try expedite as an option.

 

Hi,
According to this website here https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays, beginning Sep. 11, 2018 suspension of H1B premium processing expanded to include additional H1B petitions. 

The suspension does not apply to:

1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or
2. Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
   1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
   2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).
      
      So first, Institutions and Employers are cap-exempt, not employees, or scientists, or physicians. If the Institution or Employer(s) that are hiring you are cap-exempt, then your case is cap-exempt. Second, was your petition filed before Sep. 11 2018? And by petition I mean H1B premium processing petition, not the waiver case? In fact, waiver and H1B premium processing petition *can* be filed together. If so, you don't have to worry. Now, if your employer is not cap-exempt, or you haven't filed a petition yet, and you're not filing it at the California Service Center, OR your case is not a continuation case filed at Nebraska, then you can not file for premium processing. Just read above. More information you can find on the website.
      
      Good luck!

 

[AOS2021 9]

1 hour ago, OVO said:

 

Are you sure the H1B petition was filed at Vermont? Aren't you filing the waiver petition first?

My case is similar to yours. My employer is a qualifying cap exempt institution, entity or organization. But at the east coast. So, if it was a matter of location, my case would be filed at Vermont. I'm still waiting for the DOS recommendation, then proceeding to UCSIS waiver petition and my plan was to file a H1B premium processing petition together with the waiver one. Then I read the news about the extinction of the premium processing for those cases and then I wonder myself if it was possible to file it in California. I know it's possible to transfer between SCs but I just don't know if our cases apply. I did some research and found this on Quora https://www.quora.com/How-does-one-decide-on-which-USCIS-service-center-application-for-H1B-transfer-or-otherwise-needs-to-be-sent-to. The reply sent this link https://www.uscis.gov/i-129-addresses. And according to this later link "H-1B petitions that are exempt from the cap because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity or organization. All cap exempt petitions, including extensions with the same employer and no change in job duties, must be filed with the California Service Center." 

So I am puzzled!! I would recommend you go and talk to the department in your institution responsible for filing the H1B petition and ask them if it's possible to file it at California. if you learn anything about it, come and share it because I also want to know! I'm going to talk to my office in 2 weeks or so and see want can be arranged about it.

Edited October 5, 2018 by j1waiver2018

[OVO 1]

maybe I am not fully understanding of the procedure I received DOS recommendations (after 2 weeks of completed app) and it was fwd to USCIS. I emailed DOS and they replied that my recommendation was sent to Vermont processing center.  So what exactly happens at this point. Is USCIS going to give a j1 waiver recommendation and H1b petition separately? I thought that the USCIS gives a I-797 form and I present that form to the embassy in my country for stamping (i'm out of the US and using consulate process). Does my lawyer decide where my application is sent? I thought that the DOS automatically send it themselves.  If possible can anyone clarify the USCIS step for obtaining a j1 waiver and getting an h1b visa. thank you

 

 

 

 

Are you sure the H1B petition was filed at Vermont? Aren't you filing the waiver petition first?

My case is similar to yours. My employer is a qualifying cap exempt institution, entity or organization. But at the east coast. So, if it was a matter of location, my case would be filed at Vermont. I'm still waiting for the DOS recommendation, then proceeding to UCSIS waiver petition and my plan was to file a H1B premium processing petition together with the waiver one. Then I read the news about the extinction of the premium processing for those cases and then I wonder myself if it was possible to file it in California. I know it's possible to transfer between SCs but I just don't know if our cases apply. I did some research and found this on Quora https://www.quora.com/How-does-one-decide-on-which-USCIS-service-center-application-for-H1B-transfer-or-otherwise-needs-to-be-sent-to. The reply sent this link https://www.uscis.gov/i-129-addresses. And according to this later link "H-1B petitions that are exempt from the cap because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity or organization. All cap exempt petitions, including extensions with the same employer and no change in job duties, must be filed with the California Service Center." 

So I am puzzled!! I would recommend you go and talk to the department in your institution responsible for filing the H1B petition and ask them if it's possible to file it at California. if you learn anything about it, come and share it because I also want to know! I'm going to talk to my office in 2 weeks or so and see want can be arranged about it.

Edited 40 minutes ago by j1waiver2018