J1 Hardship Waiver 2021-2022 Timeline

[ssssssaa 1]

do you need to withdraw your hardship waiver in order to apply to conrad 30 waiver? 

[DrIdaddoq 22]

3 hours ago, ssssssaa said:

do you need to withdraw your hardship waiver in order to apply to conrad 30 waiver? 

No. But if your state waiver gets approved your hardship waiver at the DoS will be cancelled. If you get the hardship before (from DoS) then you can actively cancel the state one. 

[ssssssaa 1]

Hello, I wanted to get your opinion on this matter.

 

The Hardship has been pending with DOS since 9/2022. We signed a contract with a University who is interested in sponsoring us for Anesthesiology in a MUA via the Conrad 30 route. The state has 5 spots remaining and DHS indicated they will not sponsor unless we withdraw the hardship. Now it is almost Feb, 2023.

 

It is a very hard decision. Should we withdraw the hardship and start Conrad now? We have come so far with the hardship and we don't want to risk everything by withdrawing it and starting a whole new process from scratch. 

 

We have a decent chance with O1 and we consulted multiple lawyers. What do you think is good option? We are thinking to just stick with the hardship and apply for O1

[Hanijani 8]

44 minutes ago, ssssssaa said:

Hello, I wanted to get your opinion on this matter.

 

The Hardship has been pending with DOS since 9/2022. We signed a contract with a University who is interested in sponsoring us for Anesthesiology in a MUA via the Conrad 30 route. The state has 5 spots remaining and DHS indicated they will not sponsor unless we withdraw the hardship. Now it is almost Feb, 2023.

 

It is a very hard decision. Should we withdraw the hardship and start Conrad now? We have come so far with the hardship and we don't want to risk everything by withdrawing it and starting a whole new process from scratch. 

 

We have a decent chance with O1 and we consulted multiple lawyers. What do you think is good option? We are thinking to just stick with the hardship and apply for O1

Even if you do not withdraw and your employer file the conrad 30 for you. As per my lawyer the USCIS and DoS stop working on Hardship waiver and its very unlikely getting a favorable recommendation during that time.

[ErinK 35]

2 hours ago, ssssssaa said:

Hello, I wanted to get your opinion on this matter.

 

The Hardship has been pending with DOS since 9/2022. We signed a contract with a University who is interested in sponsoring us for Anesthesiology in a MUA via the Conrad 30 route. The state has 5 spots remaining and DHS indicated they will not sponsor unless we withdraw the hardship. Now it is almost Feb, 2023.

 

It is a very hard decision. Should we withdraw the hardship and start Conrad now? We have come so far with the hardship and we don't want to risk everything by withdrawing it and starting a whole new process from scratch. 

 

We have a decent chance with O1 and we consulted multiple lawyers. What do you think is good option? We are thinking to just stick with the hardship and apply for O1

I'd do O-1 in this situation if leaving the States and coming back is not an issue 

[ErinK 35]

On 1/27/2023 at 5:17 AM, DrIdaddoq said:

Yes you need to tell your lawyer to send the DOS the new DS-2019 form. 

Have you done this? Do you know how they send it? My lawyer doesn't know 😕 

[Robble42 6]

19 minutes ago, ErinK said:

Have you done this? Do you know how they send it? My lawyer doesn't know 😕 

You have to physically mail all supporting evidence in order for it to be added to your file (to the address listed on the j1visawaiverstatus.state.gov). Make copies of everything you mail and try to get proof showing it was mailed--it's a toss up of whether it actually gets added to your file or not, but at least you've done your due diligence. Maybe your lawyer can ask if they can fax it. And maybe get a new lawyer haha.

[ErinK 35]

9 minutes ago, Robble42 said:

You have to physically mail all supporting evidence in order for it to be added to your file (to the address listed on the j1visawaiverstatus.state.gov). Make copies of everything you mail and try to get proof showing it was mailed--it's a toss up of whether it actually gets added to your file or not, but at least you've done your due diligence. Maybe your lawyer can ask if they can fax it. And maybe get a new lawyer haha.

Honestly I probably should get a new lawyer! Do you have any recs for J-1 lawyers? (this question is for everyone on the forum) 

 

Apparently trying to add things to the file slows the process and as a a general rule they try not to do it unless absolutely necessary. 

[Robble42 6]

1 hour ago, ErinK said:

Honestly I probably should get a new lawyer! Do you have any recs for J-1 lawyers? (this question is for everyone on the forum) 

 

Apparently trying to add things to the file slows the process and as a a general rule they try not to do it unless absolutely necessary. 

Keep in mind that lawyers are like doctors--they tend to specialize (even within the immigration field). For example, you probably wouldn't want a seasoned cardiac surgeon removing your spleen...

[ErinK 35]

44 minutes ago, Robble42 said:

Keep in mind that lawyers are like doctors--they tend to specialize (even within the immigration field). For example, you probably wouldn't want a seasoned cardiac surgeon removing your spleen...

I know. That's why I'm asking if anyone has a lawyer that specializes in J-1 waiver. Unlike marriage based or work based green card or even O-1/NIW, there are not many J-1 waiver cases out there for a lawyer to do just that 

[Hardship_waiver 54]

1 hour ago, Robble42 said:

Keep in mind that lawyers are like doctors--they tend to specialize (even within the immigration field). For example, you probably wouldn't want a seasoned cardiac surgeon removing your spleen...

Any luck so far in your case?

[Hardship_waiver 54]

44 minutes ago, ErinK said:

I know. That's why I'm asking if anyone has a lawyer that specializes in J-1 waiver. Unlike marriage based or work based green card or even O-1/NIW, there are not many J-1 waiver cases out there for a lawyer to do just that 

https://hakeandschmitt.com/

Best one I know sofar.

[DrIdaddoq 22]

2 hours ago, Hardship_waiver said:

https://hakeandschmitt.com/

Best one I know sofar.

Schmitt is my lawyer. He's good. 

Also, he EMAILED my new DS form and some new information that I needed the DoS to know. N

[ErinK 35]

31 minutes ago, DrIdaddoq said:

Schmitt is my lawyer. He's good. 

Also, he EMAILED my new DS form and some new information that I needed the DoS to know. N

Interesting. My lawyer recommends against adding information because he is worried that it will delay the case or kicks it back to USCIS.   It's actually pretty important information that strengthen my hardship case but he says the job of DoS is not to establish the hardship.The hardship is already established in USCIS. DoS's job is too make sure nothing in your case is against their J-1 policies and procedures. So if you add a significant enough new information regarding the hardship, they may kick your file back to the USCIS which would be a nightmare! I'm sure giving them the new DS2019 is not in that category. I'll ask Schmitt as well. 

 

Did Schmitt recommended filing a lawsuit at any point? You have been waiting for a long time, right?

Edited January 31, 2023 by ErinK

[DrIdaddoq 22]

10 hours ago, ErinK said:

Interesting. My lawyer recommends against adding information because he is worried that it will delay the case or kicks it back to USCIS.   It's actually pretty important information that strengthen my hardship case but he says the job of DoS is not to establish the hardship.The hardship is already established in USCIS. DoS's job is too make sure nothing in your case is against their J-1 policies and procedures. So if you add a significant enough new information regarding the hardship, they may kick your file back to the USCIS which would be a nightmare! I'm sure giving them the new DS2019 is not in that category. I'll ask Schmitt as well. 

 

Did Schmitt recommended filing a lawsuit at any point? You have been waiting for a long time, right?

I guess different interpretations. Maybe no one really knows what happens there. My case wasn’t kicked back to the USCIS. I’m pretty sure DoS has authority to refuse the waiver based on the degree of hardship and not just J1. You can see some unfavorable outcomes there when the sponsor says something sometimes. It doesn’t go against J1 but it doesn’t bode well to applicant. 

No he just said to wait. Him and another lawyer think it’s been taking 17-24 months nowadays at DoS so just waiting is the best course of action, unfortunately. I’ve been waiting since September 2021 at the DoS (~17 months now).