2019 J1 WAIVER TIMELINE - New Applicants

[Hardship waiver 20]

Uscis said that they send recommendation in 2019 but they never updated me. Dos says no they haven’t received i613. I have been trying every way to have uscis resend their recommendation but nothing happened yet. What do you think I should do? Any similar situations? I applied in 2018.

[Chemres108 1]

On 10/6/2020 at 2:12 PM, MZQ said:

Congrats! My NOS was received in the system on September 8, so I think I might as well see the "FR sent" soon! By the way, once you see FR on DoS site, how does one track your application on USCIS?

Did you get the FR? Mine NOS was also updated on Sep 8, but still pending.

[Chemres108 1]

Did anyone receive favorable recommnedation with NOS updated on Septemeber 8? I have sent documents on June 25 (updated on Aug 16) and NOS sent by Embassy on July 7 (updated on Sep 8). Still it is showing 'Pending'.

[MZQ 0]

38 minutes ago, Chemres108 said:

Did you get the FR? Mine NOS was also updated on Sep 8, but still pending.

Nope. Nothing after that. Based on others, I was thinking that FR would show up around Oct 13-14 but nada.. I hope it updates soon. 🤞

[Chemres108 1]

On 10/27/2020 at 12:22 PM, MZQ said:

Nope. Nothing after that. Based on others, I was thinking that FR would show up around Oct 13-14 but nada.. I hope it updates soon. 🤞

Ok. Nothing yet from here too! Let us keep updating each other.

[MZQ 0]

7 minutes ago, Chemres108 said:

Ok. Nothing yet from here too! Let us keep updating each other.

Sure. I will update here as soon as I get one!

[SRGBR 0]

Hey guys I am in a very complicated situation here.

 

Unfortunately, the lawyer that is taking care of my H-1B FY 2021 application didn't notice I was subject to the J1 two-year foreign residence requirement when doing my application. The USCIS sent a RFE requesting proof that I've met the requirement. I am currently in the US with F2 status and I need 80 days in my home country to meet the two-year requirement.

 

I submitted my no objection waiver application to the DoS on 10/21 and my home country Embassy sent the no objection letter electronically on 10/22. Of course, since the waiver was only submitted last week, there is no information regarding the status of my case in the DoS website.

 

My Lawyer said we have until early January to submit our reply to the H-1B RFE. But I think the waiver application response will take way longer than that.

 

Is there anyone in a similar situation? Any tips?

 

Thanks a lot!

[Hardship waiver 20]

What do you mean you need 80 days to fulfill the requirement? 

Also, have you tried to expedite your request with DOS?

[SRGBR 0]

9 minutes ago, Hardship waiver said:

What do you mean you need 80 days to fulfill the requirement? 

Also, have you tried to expedite your request with DOS?

It means that I have to stay physically present in my home country for 80 days more in order to have the full two years presence requirement.

 

I requested the DoS to expedite, no answer yet but not very hopeful either.

[Hardship waiver 20]

I didn’t know that 80 days is enough to get rid of the 2 years home residency requirement!! I have been waiting on my hardship waiver since 2018. I think No Objection waiver is processed faster so you might still get it before January. 

[SRGBR 0]

On 9/28/2020 at 11:49 AM, J1hardship said:

J1 waiver based on hardship to USC

My timeline:

USCIS application date May 16,2019

RFE January,2020

Response to RFE April 2,2020

USCIS sent i612/613 to DOS April 17,2020

DOS website update as received June 17,2020

 

When should be considered as the DOS processing time start Date? Their website states 16-24 weeks as processing time, I am on 24 weeks mark this week if April 17th-USCIS sent date is considered the start. 
 

ds2019 expired already- got extension for exam which is expiring at the end of October.

 

Any suggestions / advise? 
 

Several inquiries by congressman office and by myself

 

Hi can I ask you what the USCIS sent to the DOS? My lawyer told me I have to wait until I get the waiver decision from the DOS to send the RFE response.

[SRGBR 0]

2 minutes ago, Hardship waiver said:

I didn’t know that 80 days is enough to get rid of the 2 years home residency requirement!! I have been waiting on my hardship waiver since 2018. I think No Objection waiver is processed faster so you might still get it before January. 

80 days is NOT enough to meet the 2 years home residency requirement. I apologize if I confused you. 

 

The requirement is: to reside and be physically present in your country of nationality or last residence for an aggregate of at least two years following departure from the United States after the J1 program.

 

In my case, I departed the U.S. after my J1 program ended, in Dec 2015. However, even though it was almost 5 years ago, I was physically present in my home country for an aggregate period of 650 days. Now I am in the U.S. with the F2 status and in the process of (hopefully) getting the H1B.

[Hardship waiver 20]

Gotcha! Yes makes sense.

[PD-24 0]

Waiting for FR. NOS and all documents received on September 8... Let's see.

[SRGBR 0]

6 hours ago, PD-24 said:

Waiting for FR. NOS and all documents received on September 8... Let's see.

When did you send the documents? Good luck!