J1 waiver 2020 NOS update timeline

[S9471 60]

14 hours ago, Jamesn74 said:

Hi every one.I am on a J1 visa under Fulbright Visiting scholar Programme. Any help on getting waiver? Iam new.

generally Fulbright is close to impossible to get the waiver short of applying through the hardship path, which itself is very complicated

[Jamesn74 0]

1 hour ago, S9471 said:

generally Fulbright is close to impossible to get the waiver short of applying through the hardship path, which itself is very complicated

We shall keep the fight on!

[iwantmywaiver 13]

Package sent to DOS on October 4th

Embassy sent NOS on October 5th

Documents showed as received at dates in the print screen below

 

I contacted the congressional staff for expedited processing in mid-January. First, I sent a letter from my PI, then DOS asked for a letter from the Department Chair. My Dept. Chair took one month to prepare the letter answering the several questions that DOS raised. I sent this second letter on February 24th, then four days later, they replied:

 

A Waiver Review Division (WRD) analyst is in the process of adjudicating XXXX case and should make a determination within the next few business days.  Once completed, WRD will transmit its recommendation to USCIS and send XXXX a copy.  The outcome will also be posted online at https://j1visawaiverstatus.state.gov/; the website updates once daily.

 

Then on March 17th, I received a favorable recommendation. I think they accepted my expedited processing, even though it was not shown online.

 

I received the Favorable Recommendation letter by mail one week later (March 24th).

 

Now I'm waiting for the USCIS part.

 

Today I contacted Emma chat, and they couldn't find my application yet.

 

 

 

[Amoyar_Dever 30]

53 minutes ago, iwantmywaiver said:

Package sent to DOS on October 4th

Embassy sent NOS on October 5th

Documents showed as received at dates in the print screen below

 

I contacted the congressional staff for expedited processing in mid-January. First, I sent a letter from my PI, then DOS asked for a letter from the Department Chair. My Dept. Chair took one month to prepare the letter answering the several questions that DOS raised. I sent this second letter on February 24th, then four days later, they replied:

 

A Waiver Review Division (WRD) analyst is in the process of adjudicating XXXX case and should make a determination within the next few business days.  Once completed, WRD will transmit its recommendation to USCIS and send XXXX a copy.  The outcome will also be posted online at https://j1visawaiverstatus.state.gov/; the website updates once daily.

 

Then on March 17th, I received a favorable recommendation. I think they accepted my expedited processing, even though it was not shown online.

 

I received the Favorable Recommendation letter by mail one week later (March 24th).

 

Now I'm waiting for the USCIS part.

 

Today I contacted Emma chat, and they couldn't find my application yet.

 

 

 

Congratulations buddy. USCIS version of waiver would come soon too!

[Lako 2]

Hi everyone, just wondering..

Are 'Not favorable recommendations' by dos still sent to USCIS for the assessment? 

I know that the last decision is made by USCIS and they can still deny the waiver even if it is 'favorable' by dos, but not sure if it works opposite as well. 

Anyone knows if there is a chance that the waiver gets denied by dos but USCIS still approves it? 

[TOC 1]

Hi, 

 

If the employer is willing to provide required documents, is it recommendable to appear for an H1-B interview while still waiting for the waiver? My waiver application is currently shown as received in the DoS system, will certainly require a few months to process, but the employer is initiating the H1-B process now. 

 

Thank you. 

[etcoflife 14]

# These are my own views, I have no formal knowledge of immigration laws. Please consult a lawyer for serious decisions

Someone asked me about Fulbright J1 waivers, here is what I understand:

If you are still in Fulbright and not left the country for some time, I would suggest not use the 'no objection' route for waiver. In my view, you cannot get NO based J1 waiver for Fulbright if you never left US after Fulbright and made a serious attempt to fulfill the 212e condition. Try using other routes as the case may be depending on your situation. NO is one chance and the decision is final as far as I read. Hence choose wisely or consult a lawyer.

[RP26 4]

We had submitted all documents to DoS on April 2021. As per the DoS process, we have submitted the old DS 2019. In the main process time, I got the extension of the J1 with the new DS 2019. We have not submitted our new DS 2019 hardcopy to DoS. is there any problem in the future?

[Amoyar_Dever 30]

2 hours ago, RP26 said:

We had submitted all documents to DoS on April 2021. As per the DoS process, we have submitted the old DS 2019. In the main process time, I got the extension of the J1 with the new DS 2019. We have not submitted our new DS 2019 hardcopy to DoS. is there any problem in the future?

Not sure about sending new DS-2019. But I guess WRD would request if it comes to their attention. 

What is the basis of your waiver application? Was you funded by US government of your home country?  Several applicants (NOS-based) till Jan 2022 already received decision. 

[asmacan 3]

On 4/1/2022 at 3:02 PM, iwantmywaiver said:

g for the USCIS part.

 

On 4/1/2022 at 7:53 PM, TOC said:

Hi, 

 

If the employer is willing to provide required documents, is it recommendable to appear for an H1-B interview while still waiting for the waiver? My waiver application is currently shown as received in the DoS system, will certainly require a few months to process, but the employer is initiating the H1-B process now. 

 

Thank you. 

This is good news for you, i have no information about it, can you give a little detail for starting H1-B process without getting formal J1-waiver

? i may ask to my program also about it, thank you

[Amoyar_Dever 30]

On 4/3/2022 at 8:29 PM, asmacan said:

 

This is good news for you, i have no information about it, can you give a little detail for starting H1-B process without getting formal J1-waiver

? i may ask to my program also about it, thank you

Your employer can begin H1B preliminary steps- prevailing wage determination, and submitting a Labor Condition Application (LCA). These preliminary steps are longest are not dependent on waiver. 

Edited April 5, 2022 by Amoyar_Dever

[asmacan 3]

2 minutes ago, Amoyar_Dever said:

Your employer can begin H1B preliminary steps with the Department of Labor (DOL) which include obtaining a "prevailing wage" determination, and submitting a Labor Condition Application (LCA). These preliminary steps take 3-4 months, and do not need waiver. 

thanks, i will ask them for this, do you think there is a way to expedite this process

[Amoyar_Dever 30]

I don't think these preliminary steps which come under the jurisdiction of Department of Labor (DoL) can be expedited. I'm pretty sure your employer can expedite second step (filing H1B petition) by paying more fees. 

[S9471 60]

On 4/1/2022 at 11:36 AM, Jamesn74 said:

We shall keep the fight on!

there is no fight - they just don't grant those waivers short of you having some truly exceptional circumstances/hardship to us citizen

[S9471 60]

On 4/3/2022 at 1:34 PM, etcoflife said:

# These are my own views, I have no formal knowledge of immigration laws. Please consult a lawyer for serious decisions

Someone asked me about Fulbright J1 waivers, here is what I understand:

If you are still in Fulbright and not left the country for some time, I would suggest not use the 'no objection' route for waiver. In my view, you cannot get NO based J1 waiver for Fulbright if you never left US after Fulbright and made a serious attempt to fulfill the 212e condition. Try using other routes as the case may be depending on your situation. NO is one chance and the decision is final as far as I read. Hence choose wisely or consult a lawyer.

the NO route is closed for Fulbright because it's not the home country government that sponsored the program. them not objecting means nothing - it's like my landlord not objecting to me going on vacation. they have no say in the matter, and their opinion doesn't matter for the case at hand.