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Applying for a J1 Waiver - via the No objection category (NORI) - No Obligation to Return to India.

By sidd47 in Student & Exchange Visitor Visas

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sidd47 Newbie

sidd47   0

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Hello,
 
I'm currently on (unpaid) J1- Visa status, working as a research scholar in Michigan. This J-1 visa is sponsored via Wayne State University, Department of Pediatrics. I have a medical degree (M.D.) from India but I am not practicing as a physician or a resident in the U.S. I do not attend to patients or any doctor-patient consultation. I have no intentions of pursuing medical residency and do the J1 waiver (of working in a rural area in the U.S.) after the residency completion. I'm here only for research purposes.
 
Can I apply for a J1 waiver through the 'No Objection' category? (I have the 2 years home stay requirement rule attached to the J-1 visa). I haven't signed any paid contract with WSU which binds me to work for them. I work there as an unpaid volunteer/research scholar. I have read many articles that Indian National candidates with a medical background (MBBS) don't usually have favorable response when it comes the No objection waiver.
 
My position/designation at Wayne State University and Detroit Medical Center is that of a "Research Scholar".
 
Please, let me know whether I have a substantial case for the U.S. state department and the Ministry of Health of India to remove the 2 year home country stipulation.
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Boiler Grand Master

Boiler   45,525

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Why do you need it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sidd47 Newbie

sidd47   0

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I want to switch from J1 to H1B.
A physician at my University in the Emergency Medicine Department is ready to sponsor my H1B. This visa will be sponsored by Wayne State University, Department of Emergency Medicine. He and his department have previously sponsored 5 other individuals on H1B visa, all of them succeeded in getting the visa.
 
Can you give any suggestions or guidelines in my case.
 
 
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Boiler Grand Master

Boiler   45,525

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Talk to their lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Coco8 Experienced

Coco8   1,042

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If you J1 is as a researcher and not alien physician, then it should be easier to get the waiver. You can look at your DS 2019 and see which J1 category you have. The limitations for the waivers are only for the J1 alien physicians.

 

Now, whether India does not give you a no objection letter because you are a doctor... that is beyond anything we could know here. I think that to get the no objection letter from India you have to go through a lot of bureaucracy and it takes 9 months or more. That is something you have to ask in an Indian Forum.  

 

You should want to highlight that you are a researcher. Do you have a US medical license? If you are not allowed to work as a physician in the US, then that already shows that you are only a researcher. 

 

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sidd47 Newbie

sidd47   0

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Thank you for your reply. I'll attach my DS-2019 with this post. Under DS 2019, it says my Exchange Visitor category is - Research Scholar. If you can look at it and please comment on it, it will be deeply appreciated. I don't have a license to practice medicine in the U.S and my offer letter for J1 says I am a "Research Scholar"

We have 3 stages for getting the No objection waiver as Indian nationals. Guidelines - http://indianconsulate.com/page/display/87/17. The part in India takes a long time. 

 

Appreciate your help.

 

 

Edited by Ontarkie
Removed attachment do to personal information.
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Coco8 Experienced

Coco8   1,042

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You should not attach official documents with all your information here!

 

If you are a research scholar then you are not in the same category as medical doctors. It should be easier to get the waiver. You will have to start by getting the letter from India. There are cases from India on VJ and also on other places on the web, so look at those for a timeline.

 

Check out this old instructions http://chemgc205.tumblr.com/  (most addresses are wrong because they are old, but the process is the same)

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Ontarkie Grand Master

Ontarkie   14,226

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~~edited post to remove attachments~~

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sidd47 Newbie

sidd47   0

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Thank you all! Much respect for your help and info so far. 

 

I contacted the Indian consulate and they sent me a link and how to proceed further with J1 Waiver. Also, Is it difficult to get the "No objection waiver" if you were previously getting paid on your J1 visa? Because I have a colleague, she was on a unpaid J-1 visa like me and then had to change her visa to a sub-category of J1 visa where she was on a bi-weekly payroll. So this change on visa from unpaid J1 to paid J1 affects your chances of getting the No objection waiver. Please fell me in if you guys have any info regarding this.

 

 

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Coco8 Experienced

Coco8   1,042

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23 hours ago, sidd47 said:

Thank you all! Much respect for your help and info so far. 

 

I contacted the Indian consulate and they sent me a link and how to proceed further with J1 Waiver. Also, Is it difficult to get the "No objection waiver" if you were previously getting paid on your J1 visa? Because I have a colleague, she was on a unpaid J-1 visa like me and then had to change her visa to a sub-category of J1 visa where she was on a bi-weekly payroll. So this change on visa from unpaid J1 to paid J1 affects your chances of getting the No objection waiver. Please fell me in if you guys have any info regarding this.

 

 

 

The fact that is paid does not matter. The issue is where the funds are coming from. If they are coming from the US government then it can make it harder to get the waiver (some impossible, like Fulbright scholars).

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havfun Newbie

havfun   0

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On 6/14/2018 at 10:46 AM, sidd47 said:

Thank you for your reply. I'll attach my DS-2019 with this post. Under DS 2019, it says my Exchange Visitor category is - Research Scholar. If you can look at it and please comment on it, it will be deeply appreciated. I don't have a license to practice medicine in the U.S and my offer letter for J1 says I am a "Research Scholar"

We have 3 stages for getting the No objection waiver as Indian nationals. Guidelines - http://indianconsulate.com/page/display/87/17. The part in India takes a long time. 

 

Appreciate your help.

 

 

any updates Sidd about ur waiver from india

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