2018 J1 WAIVER TIMELINE

[AOS2021 9]

22 minutes ago, GKT said:

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!

 

If you are assisted by an attorney, talk to him/her and see what s/he thinks the your best shot, staying or leaving.

The other thing that you should pay attention is that H1B premium processing is suspended until Feb 19, 2019. I know there are exceptions to the suspension, which I don't understand very well, so just make sure with your attorney that you qualify for the H1B premium processing.

[GKT 3]

2 minutes ago, j1waiver2018 said:

If you are assisted by an attorney, talk to him/her and see what s/he thinks the your best shot, staying or leaving.

The other thing that you should pay attention is that H1B premium processing is suspended until Feb 19, 2019. I know there are exceptions to the suspension, which I don't understand very well, so just make sure with your attorney that you qualify for the H1B premium processing.

HI J, thanks a lot. I did ask the attorney regarding staying/leaving and if it is going to cause any delay.

She did not point out the adverse effect if leaving the country.

All she advised was that I have to inform them should I decided to leave the country, so that they can indicate on H1b petition if it is requesting consular notification or change of status

(which is probably similar to what you explained here, but not as clear and straightforward as yours, as shown below):

 

"XXX (attorney) advises that we can only file your H-1B as a change of status from J-1 to H-1B if you receive your waiver recommendation from the US State Department and we are able to file your H-1B petition before February 17, 2019, the end of the 30 day grace period after the January 18, 2019 expiration of your J-1 status.  However, xxx indicates that if you are planning to travel to Malaysia anyway, it may be best for us to indicate on the H-1B petition that we are requesting consular notification rather than indicating we are requesting a change of status."

 

So reading again the attorney's reply, it seems that one is still able to just submit the DOS letter + H1b petition within the 30-day grace period?

 

Also, I have checked with attorney that I am qualify for H1b premium processing. Thanks for pointing it out.

 

[AOS2021 9]

5 minutes ago, GKT said:

HI J, thanks a lot. I did ask the attorney regarding staying/leaving and if it is going to cause any delay.

She did not point out the adverse effect if leaving the country.

All she advised was that I have to inform them should I decided to leave the country, so that they can indicate on H1b petition if it is requesting consular notification or change of status

(which is probably similar to what you explained here, but not as clear and straightforward as yours, as shown below):

 

"XXX (attorney) advises that we can only file your H-1B as a change of status from J-1 to H-1B if you receive your waiver recommendation from the US State Department and we are able to file your H-1B petition before February 17, 2019, the end of the 30 day grace period after the January 18, 2019 expiration of your J-1 status.  However, xxx indicates that if you are planning to travel to Malaysia anyway, it may be best for us to indicate on the H-1B petition that we are requesting consular notification rather than indicating we are requesting a change of status."

 

So reading again the attorney's reply, it seems that one is still able to just submit the DOS letter + H1b petition within the 30-day grace period?

 

Also, I have checked with attorney that I am qualify for H1b premium processing. Thanks for pointing it out.

 

Yes, that's what they are saying. They can only file your H1B once they have the letter from the DOS. However, they can file it during the grace period - which I believe would protect you from an illegal situation, but as I said previously, you would be stuck in the US until the H1B is processed. Considering that you *can* apply for premium processing, it wouldn't be a bad situation. If I were you, I would wait until the last day of the grace period anyway. If your letter arrives, they can file the H1B  right away therefore you would avoid consular processing. If it doesn't arrive or they fail to file the petition, you leave the country without putting yourself in an illegal situation.

[GKT 3]

13 minutes ago, j1waiver2018 said:

Yes, that's what they are saying. They can only file your H1B once they have the letter from the DOS. However, they can file it during the grace period - which I believe would protect you from an illegal situation, but as I said previously, you would be stuck in the US until the H1B is processed. Considering that you *can* apply for premium processing, it wouldn't be a bad situation. If I were you, I would wait until the last day of the grace period anyway. If your letter arrives, they can file the H1B  right away therefore you would avoid consular processing. If it doesn't arrive or they fail to file the petition, you leave the country without putting yourself in an illegal situation.

Hi J, now that I am clear about the situation (thanks  a lot for your help), it seems that the best option is to stay at USA until the last day of my grace period.

 

I wished I noticed the difference earlier as I have bought an air ticket back to Malaysia (departs on 22 Jan) yesterday....T_T

Hopefully the DOS letter arrive by then, or else I might have to cancel the flight.

 

Once again, thank you for your advice. 

 

 

 

 

[GKT 3]

Hi, anyone knows how does this partial government shutdown affect the progress of waiver application (both DOS and USCIS)?

Thanks.

[Rafa2018 0]

On 12/22/2018 at 7:42 PM, GKT said:

Hi, anyone knows how does this partial government shutdown affect the progress of waiver application (both DOS and USCIS)?

Thanks.

https://www.lexology.com/library/detail.aspx?g=0d63ee3d-f530-4474-bbdc-b974fb5b45b8

 

https://www.uscis.gov/about-us/uscis-office-closings

Edited December 24, 2018 by Rafa2018

[GKT 3]

8 hours ago, Rafa2018 said:

https://www.lexology.com/library/detail.aspx?g=0d63ee3d-f530-4474-bbdc-b974fb5b45b8

 

https://www.uscis.gov/about-us/uscis-office-closings

Thanks a lot Rafa. Hope waiver review division is still operating since it is a fee-based service. No more delay pls...

[fs2439 46]

On 12/24/2018 at 2:40 PM, GKT said:

Thanks a lot Rafa. Hope waiver review division is still operating since it is a fee-based service. No more delay pls...

Hi gkt, Just so you know about the option, you might want to look into an O visa as well, which does not require a j1 waiver

[GKT 3]

5 hours ago, fs2439 said:

Hi gkt, Just so you know about the option, you might want to look into an O visa as well, which does not require a j1 waiver

Thanks fs2439 for the suggestion. If I am not mistaken, O visa is for those *with extraordinary ability* including receipt of nationally or internationally recognized prizes or awards.

From your profile it seems that you are applying for O visa now? Care to share some of your experience in applying it? Thanks

[fs2439 46]

32 minutes ago, GKT said:

Thanks fs2439 for the suggestion. If I am not mistaken, O visa is for those *with extraordinary ability* including receipt of nationally or internationally recognized prizes or awards.

From your profile it seems that you are applying for O visa now? Care to share some of your experience in applying it? Thanks

It's an expensive process and I went through it to avoid the problem with J1 waiver as I already had a job offer. It's just a little better than the H1, spouse can't work though that may change for H1, but it's good to know the option is there. If you want me to send you my lawyer's contact let me know. you need to meet three out of the 8 requirements.

[GKT 3]

21 minutes ago, fs2439 said:

It's an expensive process and I went through it to avoid the problem with J1 waiver as I already had a job offer. It's just a little better than the H1, spouse can't work though that may change for H1, but it's good to know the option is there. If you want me to send you my lawyer's contact let me know. you need to meet three out of the 8 requirements.

Thanks a lot for the info. Let me go through the requirements and will let you know if I need the lawyer's contact

(our department has assigned an attorney to help me dealing with visa application, so will also consult the attorney for this O visa option).

[jugowar 0]

18 hours ago, fs2439 said:

It's an expensive process and I went through it to avoid the problem with J1 waiver as I already had a job offer. It's just a little better than the H1, spouse can't work though that may change for H1, but it's good to know the option is there. If you want me to send you my lawyer's contact let me know. you need to meet three out of the 8 requirements.

Hi could you please send me your lawyer's contact for the O1 visa?

[Marie1992 2]

On 3/15/2018 at 6:38 AM, Irene_sss said:

Hi,

Here is my time line for J1 2 years rule waiver ! My case was based on No Objection Statement.

 

12/28/2017 : sent my document to DOS and Consulate.

01/02/2018 : Consulate received my document (USPS Tracking check)

01/03/2018 : DOS received my document (USPS Tracking check)

01/16/2018 : 'All document was received' Updated on DOS website

01/23/2018 : Consulate sent my No Objection Statement to Embassy

01/30/2018 : Embassy sent my No Objection Statement to DOS

02/06/2018 : 'No Objection Statement was received' Updated on DOS website

02/15/2018 : DOS sent Recommendation to USCIS

02/20/2018 : My lawyer received Recommendation letter from DOS

02/20/2018 : USCIS received my document

03/05/2018 : My lawyer received I-797C (Notice date : 02/23/2018)

03/08/2018 : J-1 WAIVER WAS APPROVED

03/12/2018 : My lawyer received I-797 (Notice date : 03/08/2018)

 

USCIS website is still showing  that my case status is 'Case was received At Another USCIS Office'

 

 

 

 

Thank you so much! Did you also process for green card? How long did it take? 

[jen283 0]

Hi guys, 

 

Were there any DOS recommendations over the last few weeks, or everything is completely dead for the holiday time?

[DS5535-Jeddah-O1A 3]

On 12/26/2018 at 10:15 PM, GKT said:

Thanks a lot for the info. Let me go through the requirements and will let you know if I need the lawyer's contact

(our department has assigned an attorney to help me dealing with visa application, so will also consult the attorney for this O visa option).

Hello GKT, I have succesfully apllied  and got O1 petition approved. If you need any info on the process, please write to me at ahfazahmed85@gmail.com.