2018 J1 WAIVER TIMELINE

[adrian876 1]

10 hours ago, Conrad2019 said:

DOS sent a favourable recommendation on FEBURARY 7th, i havent received any letter of receipt from USCIS? wondering whats going on.

I wouldn't worry too much. It took me a little over 3 weeks to get my NOA from USCIS. I also noticed that even though it says sent, USCIS probably doesn't actually get it until a couple days after. Then it has to get processed/filed and then they send a notice to you. Hope this helps 🙏

[bibble 0]

On 2/6/2019 at 9:40 AM, bibble said:

Just an update for anyone it may help (because I know I've been slowly losing my mind over the past two months). I've been waiting since October 24th for a DOS decision on an NIH-sponsored NOS waiver. I emailed at the 8 week mark (generic response), 12 week mark (no response), and again on Monday as I had reached the four week countdown to my J-1 expiration date. On Monday, I also contacted my senator's office, having previously had no luck with my state representative.

 

I'm not sure whether any of the latest prods aided the process, but first thing this morning I received an email confirming that a favorable recommendation had been issued (not yet updated online). As soon as I receive the DOS letter, I'll be going ahead with H-1B premium processing, and it may still even be possible that there is no interruption to my employment.

Final update from me for those watching current timelines. DOS recommendation letter was received February 11th, USCIS received in the lockbox on February 13th, notice of action received February 20th, approval granted on February 22nd, and I-797 received from Vermont today. Online cases status never updated beyond the initial receipt. If that timeline seems  relatively quick, I suspect it's because my senator's office have been in contact with USCIS to hasten things. 

 

Unrelated because I was applying with the DOS recommendation letter, but my H-1B petition was filed today. Not quite in time to avoid temporary unemployment, but I'll take it!

[Montse 0]

On 3/15/2018 at 8:38 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'

 

 

 

 

Hello! Can you please provide info on how to get the no objection letter from a Mexican embassy in US? Or any consulate? Thanks

[Conrad2019 0]

On 2/26/2019 at 9:12 PM, adrian876 said:

I wouldn't worry too much. It took me a little over 3 weeks to get my NOA from USCIS. I also noticed that even though it says sent, USCIS probably doesn't actually get it until a couple days after. Then it has to get processed/filed and then they send a notice to you. Hope this helps 🙏

thankyou! i got the NOA! appreciated the reassurance.

[adrian876 1]

2 hours ago, Conrad2019 said:

thankyou! i got the NOA! appreciated the reassurance.

No worries bro. Happy it worked out for you!

[ludozambia 0]

Hello everyone,

 

I have a question about my J1 application.

 

I have been on 2 J1 programs. The first one was a 6 weeks exchange visitor program and received DOS funding. I returned home for about a year and then returned as a postdoc on another J1 program (research scholar). I am been considered for an assistant professor position in a number of universities. I am wondering which of the J1 should I apply for a waiver from? Am I subject to both J1 visas or just the last one? Please help. 

[JWaiver_2019 21]

8 minutes ago, ludozambia said:

Hello everyone,

 

I have a question about my J1 application.

 

I have been on 2 J1 programs. The first one was a 6 weeks exchange visitor program and received DOS funding. I returned home for about a year and then returned as a postdoc on another J1 program (research scholar). I am been considered for an assistant professor position in a number of universities. I am wondering which of the J1 should I apply for a waiver from? Am I subject to both J1 visas or just the last one? Please help. 

Yes, you need to apply for waiver for both J1s with one application case number.

[ludozambia 0]

Thank you for your response.

I applied for waiver using the No Objection Statement 2 months ago. I included all the J1 visas I have ever received in the application. My account currently shows that sponsor views is requested. Since I have had two  J1 sponsors under different programs, I don't know  which of the sponsors they are referring to at this point, is it DOS or the University I currently work for as a postdoc? Has anyone here had 2 different J1 visas and applied for a waiver? Under what basis did you do it? Please share your experience. 

[ellamcc 3]

On 1/8/2019 at 4:00 PM, GKT said:

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

 

Would you mind sharing your attorney's information? I applied J1 waiver NO basis and DOS issued favorable recommendation. My employer will submit the H1B petition using premium processing but the university attorney does not accept I 797C, and requires the final waiver approval. I'd appreciate if you could send me an email: mccuneella@gmail.com. Thank you!

[JWaiver_2019 21]

12 hours ago, ludozambia said:

Thank you for your response.

I applied for waiver using the No Objection Statement 2 months ago. I included all the J1 visas I have ever received in the application. My account currently shows that sponsor views is requested. Since I have had two  J1 sponsors under different programs, I don't know  which of the sponsors they are referring to at this point, is it DOS or the University I currently work for as a postdoc? Has anyone here had 2 different J1 visas and applied for a waiver? Under what basis did you do it? Please share your experience. 

Check you DS2019, and see which form mentions US funding. This will be the sponsor for your case. If any of your J1 has been sponsored by US government/US funded, they need sponsor views before making final recommendations.

[ludozambia 0]

On 3/4/2019 at 9:39 PM, JWaiver_2019 said:

Check you DS2019, and see which form mentions US funding. This will be the sponsor for your case. If any of your J1 has been sponsored by US government/US funded, they need sponsor views before making final recommendations.

I did. It says Department of State Cultural Affairs dept

[JWaiver_2019 21]

9 hours ago, ludozambia said:

I did. It says Department of State Cultural Affairs dept

Yes, they have sent sponsor view request to this dept. You can follow with them ...

[ludozambia 0]

Thank you for your help. 

[Srinath Narayanan 0]

Hi Guys. I am subject to this J1 home country drama. I am funding my whole education and no govt funding is involved. And my previous employer wants to hire me. I have filed an advisory opinion 3 weeks back  as well as my home country has sent an no objection statement. I have the same case no for both advisory opinion and waiver. I don't even see a status from the link.  Could any one help me. Should I call some one. Is there a number to call ? 

[ludozambia 0]

On 3/4/2019 at 9:39 PM, JWaiver_2019 said:

Check you DS2019, and see which form mentions US funding. This will be the sponsor for your case. If any of your J1 has been sponsored by US government/US funded, they need sponsor views before making final recommendations.

Hello everyone,

 

I checked my status online and its blank..its says no information concerning my case...any ideas?