2019 J1 WAIVER TIMELINE - New Applicants

[FTT 0]

Hi all

I am new here I didn't start the waiver process but I will soon, based on NOS, and I have some questions and I hope someone can help me

I am currently in J1 visa with 2 year rule. I started my J1 program in 2017 with a scholarship from my country for one year. My sponsor offered me to stay in her lab longer and since 2018 I've been paid by the University. 

The internacional office from the University told me that my payment is not consider a US government fund.  I am still as J1 and I have been extending my visa.

Recently, my sponsor spoke to me that she wanted to hire me. So I will have to start the J1 waiver process.

I would like to know how long before my J1 expires should I start the process? And also the fact that I was paid by the University could have any problem in obtain the waiver?

 

Thank you!

 

[Abayomi 1]

20 minutes ago, FCT said:

Hi all

I am new here I didn't start the waiver process but I will soon, based on NOS, and I have some questions and I hope someone can help me

I am currently in J1 visa with 2 year rule. I started my J1 program in 2017 with a scholarship from my country for one year. My sponsor offered me to stay in her lab longer and since 2018 I've been paid by the University. 

The internacional office from the University told me that my payment is not consider a US government fund.  I am still as J1 and I have been extending my visa.

Recently, my sponsor spoke to me that she wanted to hire me. So I will have to start the J1 waiver process.

I would like to know how long before my J1 expires should I start the process? And also the fact that I was paid by the University could have any problem in obtain the waiver?

 

Thank you!

 

There are some information you need to provide so you can get a full advice. Nevertheless, from my experience, I believe you would have more than one DS-2019 forms. And probably the first one shows clearly that you are sponsored by your country. And the other forms probably showed you are being paid by your university. If these statements are true, I will give you the following suggestions.

1. Be sure to know that you are subject to the 2 year rule (based on your first DS-2019) due to only the fact that your country sponsored you or due to two facts - that your country sponsored you and your skills code is in the skills list of your country.

2. Even if your university is the one paying you presently, I will advise you ask for an advisory opinion. Because, sometimes, the payment may be from a government source and DoS will let you know that.

 

Normally, you can be a J1 visa holder for up to 5 years. If your DS-2019 is about to expire, please tell your boss to extend it to the maximum possible before applying for a waiver.

To know if the payment by your university will be an issue, ask for an advisory opinion by sending all your DS-2019 forms. It takes about 8 to 12 weeks. Advisory opinion is not a waiver application and it is free.

I hope this helps.

[FTT 0]

51 minutes ago, Abayomi said:

There are some information you need to provide so you can get a full advice. Nevertheless, from my experience, I believe you would have more than one DS-2019 forms. And probably the first one shows clearly that you are sponsored by your country. And the other forms probably showed you are being paid by your university. If these statements are true, I will give you the following suggestions.

1. Be sure to know that you are subject to the 2 year rule (based on your first DS-2019) due to only the fact that your country sponsored you or due to two facts - that your country sponsored you and your skills code is in the skills list of your country.

2. Even if your university is the one paying you presently, I will advise you ask for an advisory opinion. Because, sometimes, the payment may be from a government source and DoS will let you know that.

 

Normally, you can be a J1 visa holder for up to 5 years. If your DS-2019 is about to expire, please tell your boss to extend it to the maximum possible before applying for a waiver.

To know if the payment by your university will be an issue, ask for an advisory opinion by sending all your DS-2019 forms. It takes about 8 to 12 weeks. Advisory opinion is not a waiver application and it is free.

I hope this helps.

Hi Abayomi

 

Thank you it help me a lot

I am sure I am subject to the 2 year rule. And you were right, my first DS2019 says that I was sponsored by my country the others DS2019 says  "current program sponsor funds". But in all of my DS2019 the topics saying "subjected to two year rule"and "government financing" are checked. So I was wandering if they kept checking this boxes because of my first DS2019. Like I said I talked to the internacional office and they assure me that I am not receiving US government funds, but the fact that this topics in my DS2019 forms are still being checked make me confused about this. 

 

Thank you again for your help!

[LauCC 2]

On 11/24/2019 at 5:57 PM, J1visa said:

Omg!!! This is terrible, I thought it was 12 to 16 weeks the whole process! A friend of mine did the same process. My embassy is Colombia, and she got the waiver in exactly 4 months.

Thanks for your reply. 

 

Hi, do you have any update? My embassy sent the NOS to the DOS 3 weeks ago and there it doesn't show as received... I also thought that the time started as soon as they received the applicant documents..  

[J1waiver1 8]

2 minutes ago, LauCC said:

Hi, do you have any update? My embassy sent the NOS to the DOS 3 weeks ago and there it doesn't show as received... I also thought that the time started as soon as they received the applicant documents..  

My embassy sent NOS two months ago. No updates since then. 

[LauCC 2]

Just now, BL_07 said:

My embassy sent NOS two months ago. No updates since then. 

Ohhhh!!! that's terrible...

 

[J1waiver1 8]

Just now, LauCC said:

Ohhhh!!! that's terrible...

 

Yes, it is.

I am in hopeless situation. Emailed DOS three weeks ago but never got any reply. 

[Abayomi 1]

5 hours ago, FCT said:

Hi Abayomi

 

Thank you it help me a lot

I am sure I am subject to the 2 year rule. And you were right, my first DS2019 says that I was sponsored by my country the others DS2019 says  "current program sponsor funds". But in all of my DS2019 the topics saying "subjected to two year rule"and "government financing" are checked. So I was wandering if they kept checking this boxes because of my first DS2019. Like I said I talked to the internacional office and they assure me that I am not receiving US government funds, but the fact that this topics in my DS2019 forms are still being checked make me confused about this. 

 

Thank you again for your help!

So, I will advice you to take one more step before you apply for a waiver so you can have a full glimpse of what you are up against. From what you said, government funding was ticked. Government is definitely your country or in addition the US. While your other DS 2019 says current program sponsor and international office said they are sure, I will advice you to still ask for an advisory opinion if you have time (I mean 4 to 8 weeks).

 am saying this because of my case, my visa and DS 2019 stated clearly that I am not subject to the rule, but when I asked for advisory opinion, I was informed that I was subject to the rule based on skills list. In fact my skills code was changed and I was told is not about the skills code and that it is about what I am actually doing. Interestingly, that was when I saw that they decided to use the code of the name of my department (which was wrongly written by the international office) instead of the code that broadly described my field.

Bottom line, it does not hurt to ask for advisory opinion just to be able get ready for the psychological part of waiting for your waiver (you need strength for this because it is tiring, especially if don't have time). Why, if government means only your country, I believe a NOS should complete your documentation for the waiver, but if US funding is involved, in addition to the NOS, they will send sponsor request to your other funding agency. And they will do that only after all your necessary documents and NOS have been updated. And your 12 to 16 weeks MAY start counting only when the sponsor responds.

 

I hope I  have tried enough to explain this based on my experience with the process and understanding from online research.

Good luck (I need this too)

[J1visa 10]

4 hours ago, LauCC said:

Hi, do you have any update? My embassy sent the NOS to the DOS 3 weeks ago and there it doesn't show as received... I also thought that the time started as soon as they received the applicant documents..  

Hi, nothing yet  Be patient and try not to stress out with the time. I learnt the lesson after knowing that it can take up to 6 months to receive the FR and the hard copy in the mail. 

As soon as your NOS shows in the website, it's when the time really starts to count. This process is peace-mind consuming, I know....   

Just keep on being positive! 👍 Hopefully we are going to get the FR soon!

[WaiverBR 0]

On 11/16/2019 at 11:08 AM, WaiverBR said:

I finally got my Favorable Recommendation!!!! I am SUPEEEER HAPPY, uoooow! I would like to share with you my timeline:

 

08/02/2019: sent my documents to DOS and Consulate
08/04/2019: DOS received my document
08/05/2019: Embassy sent my NOS to DOS
08/28/2019: All documents were received 
11/15/2019 : DOS sent Recommendation to USCIS

Hope to get my I797-C and my final waiver soon!!!!

 

Thanks for everyone! This group is amazing and helped me a lot!

Last update:

 

11/21/2019- USCIS received my process

11/26/2019- USCIS approved my process 

 

I got the I 797 by mail yesterday (12/03) because I was traveling in the holiday. It was posted on November 27th. And today my father told me that  I received my I 797C with the receipt number in my Brazilian address.

 

This is the end of my journey, 3 months and 24 days in total. It was a long and exhaustive journey but I couldn’t do better without the help of this group.

 

Thanks everybody and good luck!

[Mily39 0]

19 hours ago, WaiverBR said:

Last update:

 

11/21/2019- USCIS received my process

11/26/2019- USCIS approved my process 

 

I got the I 797 by mail yesterday (12/03) because I was traveling in the holiday. It was posted on November 27th. And today my father told me that  I received my I 797C with the receipt number in my Brazilian address.

 

This is the end of my journey, 3 months and 24 days in total. It was a long and exhaustive journey but I couldn’t do better without the help of this group.

 

Thanks everybody and good luck!

Yay!!!👍😊 Congrats!!!

[FTT 0]

On 12/3/2019 at 6:22 PM, Abayomi said:

So, I will advice you to take one more step before you apply for a waiver so you can have a full glimpse of what you are up against. From what you said, government funding was ticked. Government is definitely your country or in addition the US. While your other DS 2019 says current program sponsor and international office said they are sure, I will advice you to still ask for an advisory opinion if you have time (I mean 4 to 8 weeks).

 am saying this because of my case, my visa and DS 2019 stated clearly that I am not subject to the rule, but when I asked for advisory opinion, I was informed that I was subject to the rule based on skills list. In fact my skills code was changed and I was told is not about the skills code and that it is about what I am actually doing. Interestingly, that was when I saw that they decided to use the code of the name of my department (which was wrongly written by the international office) instead of the code that broadly described my field.

Bottom line, it does not hurt to ask for advisory opinion just to be able get ready for the psychological part of waiting for your waiver (you need strength for this because it is tiring, especially if don't have time). Why, if government means only your country, I believe a NOS should complete your documentation for the waiver, but if US funding is involved, in addition to the NOS, they will send sponsor request to your other funding agency. And they will do that only after all your necessary documents and NOS have been updated. And your 12 to 16 weeks MAY start counting only when the sponsor responds.

 

I hope I  have tried enough to explain this based on my experience with the process and understanding from online research.

Good luck (I need this too)

Yes, I am going to ask for advisory opinion before apply. 

Thank you very much for your help 

Just one more question, do you know if I need a letter from my sponsor or just statement of reason it's enough to explain why I am applying for the waiver?

 

Thank you again

Good luck!!

[Abayomi 1]

6 minutes ago, FCT said:

Yes, I am going to ask for advisory opinion before apply. 

Thank you very much for your help 

Just one more question, do you know if I need a letter from my sponsor or just statement of reason it's enough to explain why I am applying for the waiver?

 

Thank you again

Good luck!!

I believe if you are applying based on no objection category. Just be truthful with your statement of reason. If you have discussed with your boss and he said he is looking at filing H1B for you, just briefly describe the kind of research you are doing and truthfully tell them your boss is looking at filing H1B for you or that you are planning to change to H1B. Whichever way, just be truthful. I don't think you need any letter from your sponsor except the NOS which should be sent from your home country.

 

I hope this helps.

 

Best wishes

[tnnandi 7]

On 12/2/2019 at 6:13 PM, LauCC said:

Hi, 

 

Our case is showing as received for the first time, however, it shows all the documents except the NOS. 

Our embassy sent the NOS on Nov. 13, one week after we sent the package to DOS. Is it common that it's not showing? I hope they got it...

 

Thanks...

I'm also in a similar situation. All my documents as well as the NOS were sent to DOS on 19th November, and today (5th December) my status got updated for the first time on the DOS webpage. Although it shows that the DS3035, DS2019, passport bio page, statement of reason and the fee have been received, there is no mention of the NOS from the embassy. I'd like to know if many of the applicants are observing this incomplete status update from the DOS.   

 

Has the status page for your application been updated to reflect the receipt of NOS yet?

Edited December 5, 2019 by tnnandi

[tnnandi 7]

On 11/24/2019 at 8:39 PM, Abayomi said:

Entry date of first J-1 Visa: That is the date you arrived at an airport and was stamped as a J-1 Visa holder. Even if you have gone out of the country and come back several time, the date is still the first day you entered with a J-1 Visa.

Entry port is the name of the city where the airport you entered from is locate.

 

From my interaction with an attorney, immediately you start and submit a J-1 waiver request, it is advised that you should not travel out of the country again. There are 2 reasons to that

1. An immigration officer might refuse to allow you come back in even if you have a valid Visa

2. The most critical part is this. Whenever you enter into the US with a J-1 Visa, you are subjected to the 2-year home residency again. That is what I was told by an attorney. Which implies you will have to file for a completely new waiver for that new entry.

 

I will advise you to make all your travels before you apply for a waiver.

I don't think point 2 is true. If you go out of the US and re-enter 4 times using the same J-1 visa, you are not subjected to  2-year home residency 4 times. You do not need 4 waivers. You only need 1 waiver.