J1 Hardship Waiver 2021-2022 Timeline

[Hardship_waiver 54]

10 hours ago, Waiver 2021 said:

Last two weeks of 2022, I wonder if the DOS will provide any recommendation for hardship cases? or it is over for this year. Jan. 2023 will mark 14 months at the DOS.

Unfortunately, government offices almost do nothing close to these holidays, so we cannot expect anything in this year. Goodluck for 2023. Try to enjoy your holidays. Be back in 2023 with new energy. 

[Hardship_waiver 54]

On 12/13/2022 at 9:41 AM, Hardship_waiver said:

This is the oldest case I am following. Still pending. This person must have started his waiver process two years ago for a two years condition waiver. 

Finally this one got recommendation.

On 12/13/2022 at 10:05 AM, Robble42 said:

 

 

Edited December 16, 2022 by Hardship_waiver

[Waiver 2021 10]

1 hour ago, Hardship_waiver said:

Unfortunately, government offices almost do nothing close to these holidays, so we cannot expect anything in this year. Goodluck for 2023. Try to enjoy your holidays. Be back in 2023 with new energy. 

The hope is on the next year... Good luck to everyone!!

Edited December 16, 2022 by Waiver 2021

[Robble42 6]

1 hour ago, Hardship_waiver said:

Finally this one got recommendation.

 

They're not going in order (despite what they say). We're still waiting.

[DrIdaddoq 22]

Looks like recommendations mostly go out on tuesdays or wednesdays. 

[PeterW 17]

1 hour ago, DrIdaddoq said:

Looks like recommendations mostly go out on tuesdays or wednesdays. 

or Thursay. Rarely on Monday.

[DrIdaddoq 22]

2 hours ago, PeterW said:

or Thursay. Rarely on Monday.

I know what I’ll be doing the next few days… I was actively following this case and I can swear that I checked it on 12/16/2022 and the status wasn’t updated. But I could be wrong. 

[J1 Physician 4]

Can i apply for H4 (spouse gets an H1B ) while my hardship is pending?

[PeterW 17]

4 hours ago, J1 Physician said:

Can i apply for H4 (spouse gets an H1B ) while my hardship is pending?

I don't think you can. But you can ask your attorney or check it in the official policy.

[DrIdaddoq 22]

9 hours ago, J1 Physician said:

Can i apply for H4 (spouse gets an H1B ) while my hardship is pending?

I don't think you can change status while in the US regardless of hardship. Even if you get the hardship waiver, you cannot change status. ONLY EXCEPTION is if you have an underserved waiver (your or your spouse who got the H1B). But ask your lawyer. 

 

Again, just a reminder, even after you get the hardship, you can only go to an AOS (I-485) through any way (Marriage-based, NIW, etc.), and otherwise need to leave the country and come back on whatever new status they have for you. 

[J1 Physician 4]

11 hours ago, DrIdaddoq said:

I don't think you can change status while in the US regardless of hardship. Even if you get the hardship waiver, you cannot change status. ONLY EXCEPTION is if you have an underserved waiver (your or your spouse who got the H1B). But ask your lawyer. 

 

Again, just a reminder, even after you get the hardship, you can only go to an AOS (I-485) through any way (Marriage-based, NIW, etc.), and otherwise need to leave the country and come back on whatever new status they have for you. 

I am okay leaving the country and coming  back but is it legally possible to switch to H4 while waiting for hardship to be approved? I am just looking for ways to stay with my family in US

[DrIdaddoq 22]

6 hours ago, J1 Physician said:

I am okay leaving the country and coming  back but is it legally possible to switch to H4 while waiting for hardship to be approved? I am just looking for ways to stay with my family in US

I don't think it's legally possible. But ask your lawyer. I cite this from the immigration code INA 248(a)(2) [https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim] which blocks a physician who did GME in J status from changing status from J-1 to any other nonimmigrant visa status from within the United States, even if they receive a hardship waiver. 

[Hanijani 8]

7 hours ago, J1 Physician said:

I am okay leaving the country and coming  back but is it legally possible to switch to H4 while waiting for hardship to be approved? I am just looking for ways to stay with my family in US

I think you can do it by leaving the country and coming back. Per my understanding only hardship waiver( I-612, I-613) and J1 waivers are tied together. Changing to H4 would be the same people change to O1. But again thats my understanding. 

[ErinK 35]

4 hours ago, Hanijani said:

I think you can do it by leaving the country and coming back. Per my understanding only hardship waiver( I-612, I-613) and J1 waivers are tied together. Changing to H4 would be the same people change to O1. But again thats my understanding. 

per my lawyer, O-1 is the only visa we can switch to and even that only by leaving the U.S.

We are not eligible for any other type of visa until our 2-year home residency is waived 

[Hanijani 8]

12 minutes ago, ErinK said:

per my lawyer, O-1 is the only visa we can switch to and even that only by leaving the U.S.

We are not eligible for any other type of visa until our 2-year home residency is waived 

Oh i didn't know that.