2019 J1 WAIVER TIMELINE - New Applicants

[walwalwal 1]

Hi guys, first time here. June expiration. NOS. 11 weeks deliberation already. H1B process frozen. Absolute desperation.

[waiver2020 2]

1 hour ago, waiver_throwaway said:

I'm in the same situation as you. I got my favorable rec on March 23 and have not yet received either DoS or USCIS letters. The SASE I sent DoS had tracking labels and those have not been scanned, so not sure if they were ever used... My case is not urgent, so I'll give it another week and reach out to their email if I don't get my DoS recommendation letter/USCIS receipt notice.

 

If that doesn't work after a few tries the best course of action imo is reaching out to your congressional representative office for help: https://www.house.gov/representatives/find-your-representative

 

I'll keep watching this thread and will report back next week if I get either document, but seems unlikely to happen at this point. lol

Hi. Can you share your timeline please? 

[j1waiverornot 0]

Hi everyone, I am kind of in a complicated situation here. I was in the US last year with a J1 and both my visa and DS-2019 said I'm not subjected to 212e. But according to my home country's skills list, I should actually be subjected. Also I got no government funding. I got my J1 in Germany while living/studying there.

 

I am looking to file for an academic H1B once premium processing comes back up (hopefully in the summer) and my institute's lawyer recommended me to file for H1B without the waiver and hopefully it gets through. She told me she's had cases like mine worked out before. I will be applying for the H1B from Germany in the same consulate. I'm just thinking if I should instead apply for the waiver first then file for H1B to save some time in case the H1B petition without waiver route didn't work out. I think I'm starting my position towards the end of the year, or if needs be, early next year. I'm just wondering if anyone here were in my shoes/knew of anyone in my shoes before.

Edited April 5, 2020 by j1waiverornot

[Dev1971 6]

6 hours ago, j1waiverornot said:

Hi everyone, I am kind of in a complicated situation here. I was in the US last year with a J1 and both my visa and DS-2019 said I'm not subjected to 212e. But according to my home country's skills list, I should actually be subjected. Also I got no government funding. I got my J1 in Germany while living/studying there.

 

I am looking to file for an academic H1B once premium processing comes back up (hopefully in the summer) and my institute's lawyer recommended me to file for H1B without the waiver and hopefully it gets through. She told me she's had cases like mine worked out before. I will be applying for the H1B from Germany in the same consulate. I'm just thinking if I should instead apply for the waiver first then file for H1B to save some time in case the H1B petition without waiver route didn't work out. I think I'm starting my position towards the end of the year, or if needs be, early next year. I'm just wondering if anyone here were in my shoes/knew of anyone in my shoes before.

Hi

One of my friend was in the same situation, not subjected to 2 years in Passport/visa. But he had to take waiver since his home country was listed in skill list. My suggestion will be go for Advisory Opinion and they will tell you the fact. But I am 90% sure that if your country is in skill list then you have to take waiver

[waiver2020 2]

2 hours ago, Dev1971 said:

Hi

One of my friend was in the same situation, not subjected to 2 years in Passport/visa. But he had to take waiver since his home country was listed in skill list. My suggestion will be go for Advisory Opinion and they will tell you the fact. But I am 90% sure that if your country is in skill list then you have to take waiver

Then maybe he should directly apply for the waiver since he'll have to wait for the waiver processing after the opinion more than likely. 

[Matboyle 0]

On 4/1/2020 at 6:46 PM, J1toH1 said:

 

No, you won't be able to apply for H1B before you get the actual USCIS paperwork for the waiver. You can start preparing the required paperwork for H1B application in the meantime, but you will have to wait for the final waiver document before you file your application. 

No you are wrong. You need your recommendation letter when you go to embassy for visa stamping. You can apply your h1b without the letter.

[anu55 1]

23 hours ago, j1waiverornot said:

Hi everyone, I am kind of in a complicated situation here. I was in the US last year with a J1 and both my visa and DS-2019 said I'm not subjected to 212e. But according to my home country's skills list, I should actually be subjected. Also I got no government funding. I got my J1 in Germany while living/studying there.

 

I am looking to file for an academic H1B once premium processing comes back up (hopefully in the summer) and my institute's lawyer recommended me to file for H1B without the waiver and hopefully it gets through. She told me she's had cases like mine worked out before. I will be applying for the H1B from Germany in the same consulate. I'm just thinking if I should instead apply for the waiver first then file for H1B to save some time in case the H1B petition without waiver route didn't work out. I think I'm starting my position towards the end of the year, or if needs be, early next year. I'm just wondering if anyone here were in my shoes/knew of anyone in my shoes before.

I was exactly in your position last year. Was to start an academic position and the University lawyer said that even though my DS 2019 clearly said that 2 year home residency doesn't apply and the actual visa stamp in the passport said that, they would take the advisory opinion. The advisory opinion said that I am subject to the home residency because of home country skill list! I began the waiver process in September and it has been a long routed, frustratingly slow process! I am in April now and 11 weeks in waiting for the deliberation on the recommendation. I was to start my position in January and the University delayed the start date to September. You can't file for H1B without the waiver but if your institute wants to give it a shot do it by all means! If it comes through you will be saved all this hassle! 

Edited April 6, 2020 by anu55

[j1waiverornot 0]

22 minutes ago, anu55 said:

I was exactly in your position last year. Was to start an academic position and the University lawyer said that even though my DS 2019 clearly said that 2 year home residency doesn't apply and the actual visa stamp in the passport said that, they would take the advisory opinion. The advisory opinion said that I am subject to the home residency because of home country skill list! I began the waiver process in September and it has been a long routed, frustratingly slow process! I am in April now and 11 weeks in waiting for the deliberation on the recommendation. I was to start my position in January and the University delayed the start date to September. You can't file for H1B without the waiver but if your institute wants to give it a shot do it by all means! If it comes through you will be saved all this hassle! 

Initially I was planning to start the position as early as possible so the lawyer and my professor suggested to just file for the H1B without the waiver. Premium processing was still available at that time a few weeks ago so even if it didn't work out we wouldn't have wasted too much time. But right now I feel like if we wait for premium processing to come back up, file for it without the waiver and if it didn't go through, then start the waiver process, that's kind of a waste of time.... This is so frustrating. All this time I was under the impression that I am not subject to the rule... Why couldn't they be more specific? Anyway, what has been your plan from last year til September? I need to find comfort from someone in the same boat...

[anu55 1]

44 minutes ago, j1waiverornot said:

Initially I was planning to start the position as early as possible so the lawyer and my professor suggested to just file for the H1B without the waiver. Premium processing was still available at that time a few weeks ago so even if it didn't work out we wouldn't have wasted too much time. But right now I feel like if we wait for premium processing to come back up, file for it without the waiver and if it didn't go through, then start the waiver process, that's kind of a waste of time.... This is so frustrating. All this time I was under the impression that I am not subject to the rule... Why couldn't they be more specific? Anyway, what has been your plan from last year til September? I need to find comfort from someone in the same boat...

If you are anyway going to wait for the premium process then I would still suggest that you should just file and see if it goes through. Premium processing only takes about 15 days! Advisory opinion takes about 8 weeks to come back and as you can see from this forum, J1 takes 10-16 weeks! I wish my institution would have just gone ahead and done the H1B last summer and taken a chance. I had all kind of plans as academics do - produce all kind of research but the waiver process has been so anxiety ridden at each step that I haven't been able to focus on anything! It's like being suspended in time...

[J1toH1 4]

18 hours ago, Matboyle said:

No you are wrong. You need your recommendation letter when you go to embassy for visa stamping. You can apply your h1b without the letter.

Do you mean I can apply for H1B while in the US without the J1 waiver letter from USCIS? I may be wrong and I would be the happiest if I am wrong. I am just trying to get the right information.

[A_waiver_20 0]

21 hours ago, Matboyle said:

No you are wrong. You need your recommendation letter when you go to embassy for visa stamping. You can apply your h1b without the letter.

but, university wants final j1 waiver acceptance for H1B.

[jessjess 3]

13 hours ago, j1waiverornot said:

Initially I was planning to start the position as early as possible so the lawyer and my professor suggested to just file for the H1B without the waiver. Premium processing was still available at that time a few weeks ago so even if it didn't work out we wouldn't have wasted too much time. But right now I feel like if we wait for premium processing to come back up, file for it without the waiver and if it didn't go through, then start the waiver process, that's kind of a waste of time.... This is so frustrating. All this time I was under the impression that I am not subject to the rule... Why couldn't they be more specific? Anyway, what has been your plan from last year til September? I need to find comfort from someone in the same boat...

@j1waiverornot I had a J1 visa from 2011 which I never knew I was subject to the home residency until I came to the AOS stage. It turned out I was on the home country skill list and the advisory opinion said I was subject as well. My J1 lawyer said it never becomes an issue until you are applying for adjustment of status. I'd say best to consult with a lawyer. And don't wait on advisory opinion. If you are on your home country's skill list, you're very likely subject to the residency. Best to submit the advisory opinion and apply for No Objection Statement with your home country at the same time. That way you don't lose time on waiting for advisory opinion.  

[j1_nocwaiver 8]

On 4/6/2020 at 9:36 AM, anu55 said:

If you are anyway going to wait for the premium process then I would still suggest that you should just file and see if it goes through. Premium processing only takes about 15 days! Advisory opinion takes about 8 weeks to come back and as you can see from this forum, J1 takes 10-16 weeks! I wish my institution would have just gone ahead and done the H1B last summer and taken a chance. I had all kind of plans as academics do - produce all kind of research but the waiver process has been so anxiety ridden at each step that I haven't been able to focus on anything! It's like being suspended in time...

Hi, Do you think that the premium processing will be back any time soon? Is there any precedent where premium processing got temporary suspended and came back in summer?

[walwalwal 1]

3 hours ago, j1_nocwaiver said:

Hi, Do you think that the premium processing will be back any time soon? Is there any precedent where premium processing got temporary suspended and came back in summer?

I recall Premium processing suspended 3 or 4 years ago (around same dates of March) when my wife was dealing with H1B. But she could process it with premium just couple of days before so we did not pay attention for how long was the suspension.

[anu55 1]

5 hours ago, j1_nocwaiver said:

Hi, Do you think that the premium processing will be back any time soon? Is there any precedent where premium processing got temporary suspended and came back in summer?

I think it was suspended in 2018 for few months and then restored. They do this periodically! It might come back in the summer but given the Covid situation, I am not too optimistic.