J1 waiver 2020 NOS update timeline

[Todd B 0]

2 hours ago, etcoflife said:

Why didnt you contacted DOS before that you need FR before interview?

Hi, we didn't contact the DoS at the advice of our attorney. He said it could potentially irritate them and cause them to move slower. Now that we are in this position, I really wish we had just submitted a congressional inquiry earlier.

[etcoflife 14]

54 minutes ago, qwerqwer said:

Is it possible to start H1b process with USCIS receipt number or need to wait for the approval?

Someone very recently applied with just FR screenshot, after 10 days they sent a rfe to submit the final waiver.

[taycan 7]

Is there anyone who got FR today?

I read here that DoS updates the portal on Tuesdays.

[etcoflife 14]

2 minutes ago, taycan said:

Is there anyone who got FR today?

I read here that DoS updates the portal on Tuesdays.

somewhat true, but these updates go online at 2am est. So watch out tomorrow morning.

[vabhi6 7]

1 hour ago, Todd B said:

Thanks for the advice! I actually tried to contact who I thought the sponsor was yesterday. My wife is the one immigrating and my understanding is that she was sponsored by the DoS subdivision called the "Educational and Cultural Affairs Bureau." They got back to me today and referred me back to the Waiver Reviews Division, so either they are not the right folks or they can't help. 

 

Can I ask how you tracked down your sponsor's contact information, was it the government funding organization or the private organization that enabled your exchange?

I was in a program administered by an organization called Oak Ridge Institute of Science and Education (ORISE) who in turn manage internship programs for the DOE, CDC, FDA,  NASA etc. I contacted ORISE even though my program is funded by the DOE but managed by ORISE.

[Amoyar_Dever 30]

1 hour ago, Todd B said:

Thanks for the advice! I actually tried to contact who I thought the sponsor was yesterday. My wife is the one immigrating and my understanding is that she was sponsored by the DoS subdivision called the "Educational and Cultural Affairs Bureau." They got back to me today and referred me back to the Waiver Reviews Division, so either they are not the right folks or they can't help. 

 

Can I ask how you tracked down your sponsor's contact information, was it the government funding organization or the private organization that enabled your exchange?

Usually the sponsor information is available on DS-2019. 

[Amoyar_Dever 30]

1 hour ago, WGLKID said:

Any attempts to contact congressman at this stage?

DoS waiver portal says "Your case will not be considered ready for deliberation until all the required documents and inputs are received, including the request letter from a sponsoring government agency". I might contact congressman once DoS waiver portal shows that all required documents were received. 

[Todd B 0]

1 hour ago, Amoyar_Dever said:

Usually the sponsor information is available on DS-2019. 

Good to know, thank you! I will take a look today and keep you all posted

[Todd B 0]

1 hour ago, vabhi6 said:

I was in a program administered by an organization called Oak Ridge Institute of Science and Education (ORISE) who in turn manage internship programs for the DOE, CDC, FDA,  NASA etc. I contacted ORISE even though my program is funded by the DOE but managed by ORISE.

This is good to know, seems like the private organization may be the route. Thank you for sharing with me!

[Lako 2]

2 hours ago, etcoflife said:

Someone very recently applied with just FR screenshot, after 10 days they sent a rfe to submit the final waiver.

I am kinda confused. 

 

I already have an h1b notice of approval. My employer started the process last year and USCIS confirmed the case. 

Now, I am waiting for the waiver(which most probably won't get approved because of Fulbright) just to show it to the consulate office for visa stamping. 

 

Did USCIS approve my case by mistake without a waiver? Do I still need a waiver? 
I am also wondering what is the usual process when getting a h1b visa stamp. Does consular even ask you for the waiver? I've seen someones posting that no one actually asked for it in the consulate, but what are others' experience?  Can I just process without a waiver and get a stamp based on notice of approval? 

Why is everyone waiting for waivers before processing h1b cases? Still don't get the process..

 

 

[S9471 60]

21 minutes ago, Lako said:

I am kinda confused. 

 

I already have an h1b notice of approval. My employer started the process last year and USCIS confirmed the case. 

Now, I am waiting for the waiver(which most probably won't get approved because of Fulbright) just to show it to the consulate office for visa stamping. 

 

Did USCIS approve my case by mistake without a waiver? Do I still need a waiver? 
I am also wondering what is the usual process when getting a h1b visa stamp. Does consular even ask you for the waiver? I've seen someones posting that no one actually asked for it in the consulate, but what are others' experience?  Can I just process without a waiver and get a stamp based on notice of approval? 

Why is everyone waiting for waivers before processing h1b cases? Still don't get the process..

 

 

There are some interesting aspects to the waiver pieces. It is not required for the H-1B change of status. That is, if you are inside the US, you can switch to H-1B status even without the waiver. The problem comes when you need to apply for a visa, and because H-1B is dual-intent, you will need the waiver in place before you can get the visa stamp.

Edited February 8, 2022 by S9471

[Lako 2]

1 minute ago, S9471 said:

There are some interesting aspects to the waiver pieces. It is not required for the H-1B change of status. That is, if you are inside the US, you can switch to H-1B status even without the waiver. The problem comes when you need to apply for a visa, and because H-1B is dual-intent, you will need the waiver in place before you can get the visa.

Yes, thing is that my petition was filed as a "consular appointment" since my j1 visa expired earlier. 

Not sure though.. Could I travel to the US as a tourist and use the approval notice to switch the status? 

[iwantmywaiver 13]

8 minutes ago, S9471 said:

There are some interesting aspects to the waiver pieces. It is not required for the H-1B change of status. That is, if you are inside the US, you can switch to H-1B status even without the waiver. The problem comes when you need to apply for a visa, and because H-1B is dual-intent, you will need the waiver in place before you can get the visa stamp.

I think you're wrong. In the Instructions for Petition for Nonimmigrant Worker Form I-129, they say:

 

For all classifications, if a beneficiary is seeking a change of status or extension of stay....

 

The following nonimmigrants are not eligible to change status:

A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;

Edited February 8, 2022 by iwantmywaiver

[qwerqwer 11]

8 minutes ago, S9471 said:

There are some interesting aspects to the waiver pieces. It is not required for the H-1B change of status. That is, if you are inside the US, you can switch to H-1B status even without the waiver. The problem comes when you need to apply for a visa, and because H-1B is dual-intent, you will need the waiver in place before you can get the visa stamp.

I don't think so.

It is required for COS to H1b too even if you are in the States.

It is possibly not required if you are not subjected to 212(e).

[S9471 60]

7 minutes ago, iwantmywaiver said:

I think you're wrong. In the Instructions for Petition for Nonimmigrant Worker Form I-129, they say:

 

For all classifications, if a beneficiary is seeking a change of status or extension of stay....

 

The following nonimmigrants are not eligible to change status:

A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;

That's only applicable if you are a J-1 exchange visitor with 2YHRR at the time of the application to change status. The same doesn't apply if you are in a different status while in the country.