J1 Hardship Waiver 2021-2022 Timeline

[ErinK 35]

11 minutes ago, Pillowchis said:

I know someone who filed AOS and EAD at the same time. She was granted to have EAD and still waiting for AOS. She just submitted her waiver May or June this year. Lawyer advised me to wait for the waiver approval before we move on. 

I'm wondering if one can apply for EAD and not AOS. Is that possible? Maybe rules around EAD is different? My lawyer told me I can't apply for AOS or EAD until my waiver comes. 

[Chancy 6,239]

4 minutes ago, ErinK said:

I'm wondering if one can apply for EAD and not AOS. Is that possible?

 

What would be your basis for applying for EAD if not filing AOS?  You must have some other basis for eligibility to be able to apply for EAD, like being in F1 status eligible for OPT EAD.

 

[ErinK 35]

1 minute ago, Chancy said:

 

What would be your basis for applying for EAD if not filing AOS?  You must have some other basis for eligibility to be able to apply for EAD, like being in F1 status eligible for OPT EAD.

 

I see. You are right. What happens if you get an EAD and start working but then your AOS gets rejected because once they go over your file they notice that you haven't submitted your J-1 waiver? 

Also let's say you go ahead and apply for AOS and EAD and then 3,4 months later your J-1 waiver comes, can you then send it to them to complete your file? Desperate times... 

[Pillowchis 6]

9 minutes ago, ErinK said:

I'm wondering if one can apply for EAD and not AOS. Is that possible? Maybe rules around EAD is different? My lawyer told me I can't apply for AOS or EAD until my waiver comes. 

I don’t have idea. When did DOS received your 612?

[ErinK 35]

2 minutes ago, Pillowchis said:

I don’t have idea. When did DOS received your 612?

Yup! I was expecting an answer around now but then DoS changed their processing times with no explanation 

[Hardship LM 1]

Any good news around here? If so, pleaaaase share and give us some hope 

 

[Pillowchis 6]

1 hour ago, Hardship LM said:

Any good news around here? If so, pleaaaase share and give us some hope 

 

As of today mine is still pending. Almost 11 mos with DOS. I hope they will start looking at my case.

[Hardship_waiver 54]

1 minute ago, Pillowchis said:

As of today mine is still pending. Almost 11 mos with DOS. I hope they will start looking at my case.

Has anybody heard decision on any hardship case these days? Is DOS even working on hardship cases?

[SMARCA4 15]

48 minutes ago, Hardship_waiver said:

Has anybody heard decision on any hardship case these days? Is DOS even working on hardship cases?

I haven’t. Last approved case I’m aware of was back in April!

[Lenazhoulane 0]

How do you know that the last case was in April ?

2 hours ago, AnasMD said:

I haven’t. Last approved case I’m aware of was back in April!

How do you know that?

[g3dan00 20]

2 hours ago, AnasMD said:

I haven’t. Last approved case I’m aware of was back in April!

For what it's worth only a fraction (under 15-20%) of people whose cases are approved may write on this forum.

[SMARCA4 15]

1 minute ago, g3dan00 said:

For what it's worth only a fraction (under 15-20%) of people whose cases are approved may write on this forum.

I agree, that’s why I said “I’m aware of”, but there could be approvals we never hear about.

20 minutes ago, Lenazhoulane said:

How do you know that the last case was in April ?

How do you know that?

Review old posts.

[PeterW 17]

On 8/9/2022 at 6:53 PM, Hardship_waiver said:

Has anybody heard decision on any hardship case these days? Is DOS even working on hardship cases?

Hey, I noticed that your visa will expire soon. Have you got recommendation from DOS yet?

Thanks

[Hardship LM 1]

Helo!

I did my first congressional inquiry. This is what the DOS responded... Is this a general automatic response? I don't want to feel hopeful if it's just an automatic response to everybody.   Thanks for reading me. 

 

 

 

Thank you for contacting 212(e) Waiver Congressional Inquiries.

 

The Waiver Review Division is working to process "####" case. Processing times for waiver recommendations by the Department of State, Waiver Review Division vary depending on the basis under which the applicant requests a waiver of the two-year home-country physical presence requirement.  The processing time of nine to twelve months is an estimated timeframe and sometimes can take longer.  When all documents have been received, the processing time starts to run and the requests are taken in order of receipt.  Once a recommendation has been made, "####" case will be electronically forwarded to U.S. Citizenship & Immigration Services (USCIS) California Service Center (CSC) where  "####" J-1 waiver eligibility will be determined.  We assure you that the request will be processed as soon as possible.  "####" may continue to monitor the status of the request by going to https://j1visawaiverrecommendation.state.gov/ and using case number "####".

 

The Waiver Review Division does have an expedited processing track, but it is reserved only for those cases in which there is a significant humanitarian need or in which there exists a clear and significant U.S. government interest.  Should this office/the applicant feel this case meets one or both of these criteria, please send an email outlining the circumstances and clearly request expedited processing.

 

We hope that this information proves helpful. 

 

Regards,

 

 

Waiver Review Division

U.S. Department of State

Bureau of Consular Affairs

 

 

[ErinK 35]

5 minutes ago, Hardship LM said:

Helo!

I did my first congressional inquiry. This is what the DOS responded... Is this a general automatic response? I don't want to feel hopeful if it's just an automatic response to everybody.   Thanks for reading me. 

 

 

 

Thank you for contacting 212(e) Waiver Congressional Inquiries.

 

The Waiver Review Division is working to process "####" case. Processing times for waiver recommendations by the Department of State, Waiver Review Division vary depending on the basis under which the applicant requests a waiver of the two-year home-country physical presence requirement.  The processing time of nine to twelve months is an estimated timeframe and sometimes can take longer.  When all documents have been received, the processing time starts to run and the requests are taken in order of receipt.  Once a recommendation has been made, "####" case will be electronically forwarded to U.S. Citizenship & Immigration Services (USCIS) California Service Center (CSC) where  "####" J-1 waiver eligibility will be determined.  We assure you that the request will be processed as soon as possible.  "####" may continue to monitor the status of the request by going to https://j1visawaiverrecommendation.state.gov/ and using case number "####".

 

The Waiver Review Division does have an expedited processing track, but it is reserved only for those cases in which there is a significant humanitarian need or in which there exists a clear and significant U.S. government interest.  Should this office/the applicant feel this case meets one or both of these criteria, please send an email outlining the circumstances and clearly request expedited processing.

 

We hope that this information proves helpful. 

 

Regards,

 

 

Waiver Review Division

U.S. Department of State

Bureau of Consular Affairs

 

 

unfortunately it's an automated response. I got the exact same response. I then requested an expedited processing based on humanitarian need that they rejected within a day. Not even enough time to go through the documents I sent them. My case is really urgent based on the opinions from two lawyers and the congress person who was trying to help us. It's literally the matter of life and death. It's all auto reply unfortunately. You don't lose anything by asking for expedited processing though.