2018 J1 WAIVER TIMELINE

[Conrad2019 0]

55 minutes ago, GIP said:

Hi Conrad2019, thank you!

The processing times I am able to see online are only "per type of waiver" (here: https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html)

 

No Objection Statement	6 to 8 weeks
Interested U.S. Federal Government Agency	4 to 8 weeks
Persecution	3 to 4 months
Exceptional Hardship	3 to 4 months
State Public Health Department (Conrad State 30 Program)	4 to 6 weeks
Advisory Opinion	4 to 6 weeks

 

Where are you seeing the processing time on these other categories you mention? (Research, etc).

buddy as per observation from people applied for research. dont take offense.

[EB2NIW2019 1]

2 minutes ago, Conrad2019 said:

buddy as per observation from people applied for research. dont take offense.

Hi Conrad2019! No offense buddy  just trying to figure all of this out, better done together!

Edited January 7, 2019 by GIP

[Conrad2019 0]

1 minute ago, GIP said:

Hi Conrad2019! No offense buddy  just trying to figure all of this out, better done together!

TRUST the process. things will be in your favour. 

[jugowar 0]

mine is still like this

 

Department of State Advisory Opinion Finding: Pending

Item	Action	Date
No Objection Statement	Received	October, 08 2018
Fee	Received	September, 25 2018
Form DS-3035	Received	September, 25 2018
Form DS-2019	Received	September, 25 2018
Passport Data Page	Received	September, 25 2018
Statement Of Reason	Received	September, 25 2018

[jen283 0]

5 hours ago, jugowar said:

mine is still like this

 

Department of State Advisory Opinion Finding: Pending

Item	Action	Date
No Objection Statement	Received	October, 08 2018
Fee	Received	September, 25 2018
Form DS-3035	Received	September, 25 2018
Form DS-2019	Received	September, 25 2018
Passport Data Page	Received	September, 25 2018
Statement Of Reason	Received	September, 25 2018

I am in the same boat - let's hope we hear back from them soon.

[jugowar 0]

25 minutes ago, jen283 said:

I am in the same boat - let's hope we hear back from them soon.

I am planning to contact the senator of the state I am currently residing. Maybe this can fasten the process a bit

[jen283 0]

1 hour ago, jugowar said:

I am planning to contact the senator of the state I am currently residing. Maybe this can fasten the process a bit

I think it is a great idea. Do you know you will write/request? I read earlier in the thread that it helps some people to accelerate the process, but if there is a "recipe" for what needs to be said that would be of great help.

[jen283 0]

2 hours ago, jugowar said:

I am planning to contact the senator of the state I am currently residing. Maybe this can fasten the process a bit

Also, I wondered if you tried to contact them and if you ever heard back? I sent them an email on December 12, and never got any reply, and i wondered if it is shutdown related.

[jugowar 0]

14 hours ago, jen283 said:

Also, I wondered if you tried to contact them and if you ever heard back? I sent them an email on December 12, and never got any reply, and i wondered if it is shutdown related.

I sent them an e-mail on December 10th and received a reply on 18th. The reply was not helpful tough, it was just saying that 6-8 weeks is an average and some applications simply take longer time.

 

As for the senator, I have no idea about a recipe. I just sent a petition to the senator of the state I am residing in and asked whether he/she can fasten the process or at least be helpful in getting a status update on why it takes so long. Will see whether it would be any helpful.

[GKT 3]

Hi all, 

 

Somehow miracle happens and I got the favorable recommendation from DOS yesterday.

This also suggests that the waiver review division is not affected by the partial government shutdown.

 

 

Here are some extra info (not sure if it affects the processing time):

1) Mine was on no objection basis, and I am from Malaysia.

2) I am currently working as a post-doc in the USA, and my current J1 visa will expire on 18 Jan 2019 (ya, that was close).

     This means that I can simply use the DOS recommendation letter (i.e. no need to wait for final waiver approval from USCIS) to apply for H1b.

3) My employer is going (and eligible) to apply H1b premium processing, which means that we will know the outcome within 14 calendar days.

4) I have been emailing the 212waiver@state.gov several times explaining possible consequences for not be able to submit new visa application in time (waste of taxpayers money because my research project is NIH-funded etc)

5) I actually emailed to ask help from a local congressman yesterday, but not sure if that's the reason to get the DOS recommendation (that will be too fast though)

 

Hope the fast processing of my case will give a boost to some of you who are still waiting for the DOS recommendation.

 

Also, thanks a lot for those who provide suggestion/answer to my inquiries - I really appreciate it.

 

Good luck guys and let me know if you have any questions

(I will try my best to answer the questions, as I have received many constructive suggestions in this forum)

 

[plasma 3]

1 hour ago, GKT said:

Hi all, 

 

Somehow miracle happens and I got the favorable recommendation from DOS yesterday.

This also suggests that the waiver review division is not affected by the partial government shutdown.

 

 

Here are some extra info (not sure if it affects the processing time):

1) Mine was on no objection basis, and I am from Malaysia.

2) I am currently working as a post-doc in the USA, and my current J1 visa will expire on 18 Jan 2019 (ya, that was close).

     This means that I can simply use the DOS recommendation letter (i.e. no need to wait for final waiver approval from USCIS) to apply for H1b.

3) My employer is going (and eligible) to apply H1b premium processing, which means that we will know the outcome within 14 calendar days.

4) I have been emailing the 212waiver@state.gov several times explaining possible consequences for not be able to submit new visa application in time (waste of taxpayers money because my research project is NIH-funded etc)

5) I actually emailed to ask help from a local congressman yesterday, but not sure if that's the reason to get the DOS recommendation (that will be too fast though)

 

Hope the fast processing of my case will give a boost to some of you who are still waiting for the DOS recommendation.

 

Also, thanks a lot for those who provide suggestion/answer to my inquiries - I really appreciate it.

 

Good luck guys and let me know if you have any questions

(I will try my best to answer the questions, as I have received many constructive suggestions in this forum)

 

 

I have a few questions about what you've said.

 

2) Where did you get this information from? According to the lawyers from Fragomen to proceed with the H1B you DO need to wait for the approval from USCIS. The letter from DHS is not sufficient.

3) How come? Premium processing is suspended until Feb 19.

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

 

 

 

[GKT 3]

5 minutes ago, plasma said:

 

I have a few questions about what you've said.

 

2) Where did you get this information from? According to the lawyers from Fragomen to proceed with the H1B you DO need to wait for the approval from USCIS. The letter from DHS is not sufficient.

3) How come? Premium processing is suspended until Feb 19.

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

 

 

 

Dear Plasma,

 

2) I got this information from both my attorney and from this forum (kindly check my posts on page 40-41).

As you can see from the posts and comments from others, this (DOS letter will do) does not apply to all cases though,

and probably eligible only to those who are still physically in the USA. 

 

And you are right, a final USCIS waiver approval is required for H1b petition.

But in this case, both final waiver approval and H1b will be processed by USCIS.

Since they have to give an outcome within 14 days for H1b premium processing,

they will process first the final approval first and then H1b - all in one petition (H1b+DOS letter).

Does it make sense to you? 

 

Also, here is an excerpt from my attorney which I also posted in this forum before:

"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..."

 

 

 

3)  Premium processing is still available for some institutions that are cap exempt (most of them are non-profit if I am not mistaken).

See below an excerpt from my email communication with the attorney (when I asked her if I am eligible to apply for H1b premium processing):  

 

"...Because XXX (my employer) is affiliated with OHSU and cap exempt, XXX is allowed to file the H-1B Petition with Premium Processing (Premium Processing has been suspended for other types of H-1B cases).  So as long as we are able to submit the H-1B Petition either before January 18, 2019 (or within the 30 day grace period), you would be allowed to remain in the U.S. while it is pending, but you will not be allowed to work until the H-1B has been approved."

 

Hope these help. 

Also, these comments are solely based my own experience/knowledge.

There are many members in this forum who are far knowledgeable than me on these issues, so kindly correct me if I am wrong.

 

Cheers

 

[jen283 0]

56 minutes ago, plasma said:

 

I have a few questions about what you've said.

 

2) Where did you get this information from? According to the lawyers from Fragomen to proceed with the H1B you DO need to wait for the approval from USCIS. The letter from DHS is not sufficient.

3) How come? Premium processing is suspended until Feb 19.

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

 

 

 

Congratulations!

[jugowar 0]

I just sent another e-mail to ask for the status of my waiver. At the same time I also contacted the congressman of my district as well one of the senators in the state I reside. Will see what will happen.

[plasma 3]

1 hour ago, GKT said:

Cheers

Thanks GKT!

 

I already have my DOS letter so I will start a new conversation with my attorney about that. I am currently waiting to hear from USCIS about my H1B but I am not cleared to proceed with premium processing. I am also waiting to apply for AOS as I need the waiver for that (already have my PERM and I-140). I wonder if that is valid for my GC process as well. Good questions for the attorney.

 

Well thank you sir.

 

Edit: I am currently working in the US on OPT.

Edited January 8, 2019 by plasma