2018 J1 WAIVER TIMELINE

[AOS2021 9]

For those waiting a long time for the DOS and USCIS reply, I'll share with you some experiences:

"Hi All

I got my J1 waiver approved finally after a long wait. I got in touch with my senator to follow up with DOS & USCIS . He got in touch with Dos & then contacted USCIS & helped to find my case with USCIS.

So I would recommend  you guys who are facing issues to locate the case with USCIS after DOS approval , to get in touch with your senator & have him inquire on your behalf with DOS & USCIS."

"Hi all,

finally after 8 months of stress my case was approved! Apparently a phone call from the local congressman worked and I got approval the day after!
I definitely suggest people to contact the local congressman because he/she can directly contact the USCIS office that is processing your case and help in getting the approval sooner!"

"I contacted the congressman by this website:

http://www.house.gov/representatives/find/

I had to send a couple of messages but after 2 weeks I got an email directly from the congressman and his office. They gave me a form to sign to release the info from USCIS. Then they called USCIS Vermont and two days after my case was approved!

Good luck!"


As a last resort, you should consider getting in touch with the Congressman that serves the location you live/work and see what they can do for you.

[GKT 3]

Hi there, I am new to this waiver drama. From what I read so far, a I-797 form will be issued by USCIS once the case is approved. 

So, what is this I-612 form that also been mentioned in this forum? (my attorney also asked for I-612 form for H1b petition)

Thank you.

[AOS2021 9]

21 minutes ago, GKT said:

Hi there, I am new to this waiver drama. From what I read so far, a I-797 form will be issued by USCIS once the case is approved. 

So, what is this I-612 form that also been mentioned in this forum? (my attorney also asked for I-612 form for H1b petition)

Thank you.

There are different reasons to apply for the waiver. The I-612 form is only filed when your waiver is hardship or persecution based. Those applying for a non objection waiver don't file this form. Everything goes directly to DOS first.

[GKT 3]

Dear J, thank you so much for the prompt explanation. Mine is based on No Objection waiver, glad to know that I don't have to deal with another i-xxx form 😅

[Rafa2018 0]

11 hours ago, GKT said:

Dear J, thank you so much for the prompt explanation. Mine is based on No Objection waiver, glad to know that I don't have to deal with another i-xxx form 😅

I-612 is sent by the DOS to USCIS. If you look into your I-797C form on the top right you will see that it says “case type Application to waive foreign residence requirements” (see photo). 

Edited December 20, 2018 by Rafa2018

[Rafa2018 0]

8 minutes ago, Rafa2018 said:

I-612 is sent by the DOS to USCIS. If you look into your I-797C form on the top right you will see that it says “case type Application to waive foreign residence requirements” (see photo). 

.....It’s usually done automatically in no objection cases.

[NIWjunkie 11]

Hey guys, USCIS has approved my case. Now I'll be waiting to get it in my mailbox, which should take a while since I'm in Brazil. I'm attaching my USCIS timeline in case you wanna check it out.

 

Overall, I'm positively impressed by how quickly it was once it arrived in Vermont. Hoping everybody will hear good news soon as well.

 

This forum has helped me a lot and I can't thank you guys enough. I'll be glad to help with any questions I might answer. Wishing a great holidays season to Y'all folks. Good luck!  

Edited December 20, 2018 by NIWjunkie

[Rafa2018 0]

On 12/15/2018 at 6:56 PM, j1waiver2018 said:

Can you send me the link of the other website? Then I'll check it

https://egov.uscis.gov/casestatus/landing.do

 

 

let me know! Thanks

[GKT 3]

6 hours ago, Rafa2018 said:

.....It’s usually done automatically in no objection cases.

Dear R, thanks a lot for the explanation.

[GKT 3]

Hi, anyone knows if it is going to cause any delay in H1b visa petition if we leave the country when waiver is pending?

 

I am asking so because there is one thread mentioned that if we are still in the US, then we can just use I-797C (notice of action) form from DoS for H1b petition

(which means that one do not have to wait for final decision from USCIS, which is going to take a few more weeks' of waiting time).

 

Thank you.

 

 

[AOS2021 9]

6 hours ago, Rafa2018 said:

https://egov.uscis.gov/casestatus/landing.do

 

 

let me know! Thanks

It shows "Case Accepted by The USCIS Lockbox", nothing else. My case was already approved and waiver delivered. So just keep using the my account website, because that one is updated.

[AOS2021 9]

41 minutes ago, GKT said:

Hi, anyone knows if it is going to cause any delay in H1b visa petition if we leave the country when waiver is pending?

 

I am asking so because there is one thread mentioned that if we are still in the US, then we can just use I-797C (notice of action) form from DoS for H1b petition

(which means that one do not have to wait for final decision from USCIS, which is going to take a few more weeks' of waiting time).

 

Thank you.

 

 

As soon as you receive the DOS letter, you can file a H1B petition with that letter and USCIS will process both petitions together, waiver and H1B. Being in the US, with a valid visa, requires only adjustment of status, no consular processing is necessary. But if you're abroad you will need the form I-797 (waiver) to process your new visa. So, it will take longer. Especially considering the mail delivery time. 

[GKT 3]

8 minutes ago, j1waiver2018 said:

As soon as you receive the DOS letter, you can file a H1B petition with that letter and USCIS will process both petitions together, waiver and H1B. Being in the US, with a valid visa, requires only adjustment of status, no consular processing is necessary. But if you're abroad you will need the form I-797 (waiver) to process your new visa. So, it will take longer. Especially considering the mail delivery time. 

Dear J, thanks a lot. Since my J1 expires in 18 Jan, it needs some miracle to happen to get the DOS letter by then.

So I assume it makes no difference if I stay here for another 30 days (grace period) or going back to Malaysia after 18 Jan (end of J1 visa), right?

Thanks.

[AOS2021 9]

1 hour ago, GKT said:

Dear J, thanks a lot. Since my J1 expires in 18 Jan, it needs some miracle to happen to get the DOS letter by then.

So I assume it makes no difference if I stay here for another 30 days (grace period) or going back to Malaysia after 18 Jan (end of J1 visa), right?

Thanks.

Hi GKT,

When I started considering applying for a waiver, I first talked to the International Office of my University and they advised me to, first of all, extend the J1 for the longer I could, because they said the whole process - waiver + H1B, could take up to 8-12 months and it would be better to avoid being in a limbo, when my J1 would expire and I wouldn't have the H1B yet, because then I would be in a very delicate situation and stuck in the US.

You should consider your options carefully and maybe talk to an equivalent advisor in your work place.

[GKT 3]

58 minutes ago, j1waiver2018 said:

Hi GKT,

When I started considering applying for a waiver, I first talked to the International Office of my University and they advised me to, first of all, extend the J1 for the longer I could, because they said the whole process - waiver + H1B, could take up to 8-12 months and it would be better to avoid being in a limbo, when my J1 would expire and I wouldn't have the H1B yet, because then I would be in a very delicate situation and stuck in the US.

You should consider your options carefully and maybe talk to an equivalent advisor in your work place.

Hi J, 18 Jan 2019 is the end of my maximum J1 visa duration (I was luckily to be given 5 years) and thus unable to extend/renew it anymore.

 

Unfortunately, all this while I thought I was not subjected to 212e requirement since it is stated in both J1 visa stamp and DS-2019 form

(seriously, why put such statement if it means nothing legally and will only cause confusion).

 

I only realized this part when we are planning to apply for H1b visa in early Oct, and was advised by the attorney.

Also, I am working as a researcher in a hospital, in which not many people is experienced in visa issue (only 2 foreigners here).

 

With advice from attorney, I did all I could do to gather relevant information in short time after realizing that we need to get a waiver first.

As of 18 Dec 2018, NOS has been received by DOS (Malaysia government initially told me that it takes ~ 1 month for NOS but eventually it took 2 months T_T).

Dues to year-end holiday season, there is a slim chance that DOS letter will be received by 18 Jan unless miracle happens but who knows

(Thank God there is no government shutdown)

Also, I am living at west coast so it takes ~ 1 week for mail delivery...

 

BTW, we are going to apply for H1b premium processing, so it should take ~2 weeks to get an approval after the petition is submitted.

 

My boss is also going to contact local congressman/senate to see if they can help.

Are there anything else that I should pay attention/do? Any suggestion will be most welcomed.

Thanks!

 

Edited December 21, 2018 by GKT