J1 Hardship Waiver 2021-2022 Timeline

[RASHAB 2]

Hello good people, 
Good morning. I need your kind opinion. I applied for a J1 waive in October 2020 under the NOS category as 212e was under the skill list. But, my Embassy disagreed and did not send their NOS letter to the Department of State (DoS). I then applied with the help of an immigration attorney for a waiver under the hardship category in August 2021. USCIS found hardship and sent I-612/I-613 to DoS in mid-December 2021. The DoS updated them as received in March 2021. The decision is still pending!

 

However, on July 07, 2022, my Embassy sent a NOS to the DoS and sent a copy to me. I can see from the tracking number that the Embassy's NOS was delivered to the DoS on July 12, 2022. This has not been updated yet on the DoS J1 waiver website!

 

My question is i) Can an applicant simultaneously apply for a J1 waiver under two categories? Although my case is a little bit different, will both applications harm each other's case for a decision?

 

With thanks.

 

[Hardship_waiver 54]

1 hour ago, RASHAB said:

Hello good people, 
Good morning. I need your kind opinion. I applied for a J1 waive in October 2020 under the NOS category as 212e was under the skill list. But, my Embassy disagreed and did not send their NOS letter to the Department of State (DoS). I then applied with the help of an immigration attorney for a waiver under the hardship category in August 2021. USCIS found hardship and sent I-612/I-613 to DoS in mid-December 2021. The DoS updated them as received in March 2021. The decision is still pending!

 

However, on July 07, 2022, my Embassy sent a NOS to the DoS and sent a copy to me. I can see from the tracking number that the Embassy's NOS was delivered to the DoS on July 12, 2022. This has not been updated yet on the DoS J1 waiver website!

 

My question is i) Can an applicant simultaneously apply for a J1 waiver under two categories? Although my case is a little bit different, will both applications harm each other's case for a decision?

 

With thanks.

 

Hi Rashab,

                  Seeing the WRD, FAQs regarding J-1 waivers, one can only apply in one category at a time, wait for the decision and then can proceed with the next category. There are certain grey areas that could be helpful. Your case is at the mercy of DOS. On your online portal, what category you see? Do you have two case numbers? 

 

[Hardship_waiver 54]

On 5/31/2022 at 10:46 AM, Ghugho said:

Hi Rashab, no whatsoever. I am officially entering 19th month with DoS tomorrow (June 1, 2022). My I612 and I613 are with DoS since December 2020.

@Ghugho Seeing the thread, you look to be the senior most member in terms of time with DOS. Any update yet?

[RASHAB 2]

10 hours ago, Hardship_waiver said:

Hi Rashab,

                  Seeing the WRD, FAQs regarding J-1 waivers, one can only apply in one category at a time, wait for the decision and then can proceed with the next category. There are certain grey areas that could be helpful. Your case is at the mercy of DOS. On your online portal, what category you see? Do you have two case numbers? 

 

Yes, I have two case numbers! My embassy initially denied to issue NOS. So I decided to apply under hardship category! 

[RASHAB 2]

10 hours ago, Hardship_waiver said:

@Ghugho Seeing the thread, you look to be the senior most member in terms of time with DOS. Any update yet?

Hello, yaah, kinds of! When I was applied for J1 waiver in September 2020, my embassy had denied to issue a NOS. I was upset and I talk to an attorney what the next step could it be. Accordingly, I decided to apply under hardship category and I did in July 2021 (Received 07 Sept 2021). But, fortunately or unfortunately, my embassy surprised me by issuing an NOS after one year 10 months to DoS on 07 July 2022!. So now, I have two case numbers! 

I don't know what might happen on the waiver in the DoS?

[ErinK 35]

On 7/19/2022 at 10:30 AM, Hardship LM said:

Well I just called ECFMG, and because I extended my J1 for the boards I cannot really apply for a fellowship right now, they were kinda vague about it only saying that board extension should not be used as a bridge in between residency and fellowship. My lawyer said that if the fellowship will give me a new DS2019 then I will need to file for another waiver.  So not a good option for me I believe. 

 

I started my waiver application in April 2021.  DOS said they received my documents in February 2022. (frustrating because they were sent in September 2021).   

Did you ever find the definitive answer to if are eligible for extension through fellowship? Assuming there is a fellowship out there that is willing to take applicants off cycle and sponsor J-1.

So you lawyer believes that a brand new DS2019 creates a brand new 2-year home residency requirement that you then need to waive? Wouldn't fellowship J-1 be through ECFMG? It's not like you are getting a new DS2019 from a completely different entity. Many don't extend for boards and go into fellowships after residency and I don't believe going into fellowship creates a second 2-year home residency for them. If it did, why would anybody on J-1 go into fellowship! 

[flyonearth 5]

Hello everyone. I want to pursue a J1 hardship waiver and was wondering if you can recommend attorneys who have good successful rates for those who received US government funding. Thanks a lot!!!

[PeterW 17]

13 hours ago, flyonearth said:

Hello everyone. I want to pursue a J1 hardship waiver and was wondering if you can recommend attorneys who have good successful rates for those who received US government funding. Thanks a lot!!!

Mine is Matthew J. Maiona, an attorney in Boston. email: matthew@maionaward.com. I think he is good and he can help you file the I-612.

Edited July 21, 2022 by PeterW

[DESMIN 3]

hi everyone, it looks like a halt at DOS, no cases especially receipt date in September are processed in the last couple of months- and DOS also updated the new processing weeks 9 months to 1 year at DOS. any recent approvals, I am in touch with a couple of friends - social media , no update.   lets keep everyone motivated if anybody has any recent friend with approval. Good luck 

[Hardship LM 1]

23 hours ago, ErinK said:

Did you ever find the definitive answer to if are eligible for extension through fellowship? Assuming there is a fellowship out there that is willing to take applicants off cycle and sponsor J-1.

So you lawyer believes that a brand new DS2019 creates a brand new 2-year home residency requirement that you then need to waive? Wouldn't fellowship J-1 be through ECFMG? It's not like you are getting a new DS2019 from a completely different entity. Many don't extend for boards and go into fellowships after residency and I don't believe going into fellowship creates a second 2-year home residency for them. If it did, why would anybody on J-1 go into fellowship! 

ECFMG never said it would be a new DS2019, even though I asked in two different phone calls. They only said that they would not approve an extension of my J1 if I'm already out of residency.  Like no gaps allowed.  So  I guess the fact that I'm in my board extension period makes me not eligible for a fellowship extension.  However, the first person mentioned that I would have to withdraw my board extension before applying for fellowship extension but that it was up to the department of state to approve the fellowship J1 (either extension or new DS2019).  I have an offer for fellowship, but now I don't even know what the heck to do. 

 

[RASHAB 2]

1 minute ago, Hardship LM said:

ECFMG never said it would be a new DS2019, even though I asked in two different phone calls. They only said that they would not approve an extension of my J1 if I'm already out of residency.  Like no gaps allowed.  So  I guess the fact that I'm in my board extension period makes me not eligible for a fellowship extension.  However, the first person mentioned that I would have to withdraw my board extension before applying for fellowship extension but that it was up to the department of state to approve the fellowship J1 (either extension or new DS2019).  I have an offer for fellowship, but now I don't even know what the heck to do. 

 

Hardship LM, I have no comments on your situation as I don't have enough experience. But, I suggest you may go for O1 visa processing if you have the eligibility for at least EB2-NIW.

However, it is hard for you and us to face the harsh reality! I wish you all your success with the waiver!!

[ErinK 35]

16 minutes ago, RASHAB said:

 

Hardship LM, I have no comments on your situation as I don't have enough experience. But, I suggest you may go for O1 visa processing if you have the eligibility for at least EB2-NIW.

However, it is hard for you and us to face the harsh reality! I wish you all your success with the waiver!!

O-1s are also taking 4,5 months to get approved these days. Even when you pay the hefty premium processing fee, they make sure to issue an RFE to give themselves more time! This is according to a lawyer that specifically works on O-1s and NIWs. She actually went over my case and said my case is strong enough that she would offer 100% refund if I don't get approved for O-1 but she told me that I should be ready to wait at least 3,4 months for a decision if i decide to apply. Also O-1 requires you to leave to country and go to an embassy. You can't adjust from J-1 to O-1 while in country  

 

[ErinK 35]

30 minutes ago, Hardship LM said:

ECFMG never said it would be a new DS2019, even though I asked in two different phone calls. They only said that they would not approve an extension of my J1 if I'm already out of residency.  Like no gaps allowed.  So  I guess the fact that I'm in my board extension period makes me not eligible for a fellowship extension.  However, the first person mentioned that I would have to withdraw my board extension before applying for fellowship extension but that it was up to the department of state to approve the fellowship J1 (either extension or new DS2019).  I have an offer for fellowship, but now I don't even know what the heck to do. 

 

I'm in a similar situation. Extended for boards thinking my waiver would come through by then but then DoS decided to change their processing time   Now stuck! I did some research since reading your earlier post and I agree I don't think fellowship is an option once you extend for boards. Not at least easily. I wish they told us from the beginning that the processing time will be 36-52 weeks and I'd have never extended for the boards

[PeterW 17]

15 hours ago, ErinK said:

I'm in a similar situation. Extended for boards thinking my waiver would come through by then but then DoS decided to change their processing time   Now stuck! I did some research since reading your earlier post and I agree I don't think fellowship is an option once you extend for boards. Not at least easily. I wish they told us from the beginning that the processing time will be 36-52 weeks and I'd have never extended for the boards

It is very frustrating. But the processing time before is also very long, longer than they posted in the website. I think DOS may try to accelerate the process now. As the time in USCIS is much shorter, the cases will be highly accumulated if DOS keep the pace of 36-52 weeks.

[Pillowchis 6]

On 7/8/2022 at 12:04 PM, PeterW said:

Hello, do you guys have any update in DOS? It is so painful to wait.😭

Hi! Any update about your waiver?