J1 Hardship Waiver 2021-2022 Timeline

[Waiver 2021 10]

Another day, week, month goes by waiting as we are holding on the hope of a better tomorrow despite all the suffering. 

Edited February 3, 2023 by Waiver 2021

[PeterW 17]

56 minutes ago, Waiver 2021 said:

Another day, week, month goes by waiting as we are holding on the hope of a better tomorrow despite all the suffering. 

Good luck to everyone. We have been out of the US, still waiting🙏

[Wyboxcx 49]

On 2/2/2023 at 10:11 AM, g3dan00 said:

I think this is correct, a few months back there was a post where someone got "not favorable recommendation" from DOS and USCIS still approved it. Pretty crazy stuff 

That is crazy indeed! Where did you see that? 

[Robble42 6]

On 2/5/2023 at 1:26 PM, Freidrichm said:

That is crazy indeed! Where did you see that? 

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

[SMARCA4 15]

17 minutes ago, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

Sorry to hear that!

 

may I know your field and the basis for the waiver? Do you have a US citizen kids?

[flyonearth 5]

@Robble42: I’m so sorry to hear that. It really sucks.  Did you have US gov funding?

[Wyboxcx 49]

36 minutes ago, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

I’m sorry to hear that. That is disappointing especially with no gov funding 

[J1 Physician 4]

1 hour ago, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

So sorry. Are you a physician? 

[Robble42 6]

2 hours ago, J1 Physician said:

So sorry. Are you a physician? 

I am a US citizen, my husband is the physician (no us funding) and no kids yet.

[ErinK 35]

5 hours ago, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

I'm so sorry. That's crazy. What are you going to do? Have you considered filing a lawsuit?

 

You can file a Form G-639- freedom of information act with USCIS and get your entire immigration file and see why they rejected. Was it rejected after obtaining sponsor views?

Edited February 8, 2023 by ErinK

[Robble42 6]

4 minutes ago, ErinK said:

I'm so sorry. That's crazy. What are you going to do? Have you considered filing a lawsuit?

 

You can file a Form G-639- freedom of information act with USCIS and get your entire immigration file and see why they rejected. Was it rejected after obtaining sponsor views?

Thanks, we'll try that. Yeah, we'll have to see what USCIS decides. There were no sponsor views (the J1 wasn't US sponsored).

[ErinK 35]

Just now, Robble42 said:

Thanks, we'll try that. Yeah, we'll have to see what USCIS decides. There were no sponsor views (the J1 wasn't US sponsored).

Isn't ECFMG a US sponsor? 

[J1 Physician 4]

1 minute ago, Robble42 said:

Thanks, we'll try that. Yeah, we'll have to see what USCIS decides. There were no sponsor views (the J1 wasn't US sponsored).

That’s very discouraging. Who was your lawyer?

[ErinK 35]

16 minutes ago, ErinK said:

Isn't ECFMG a US sponsor? 

Per AMA, ECFMG is the sponsor.

 

But if there is no "sponsor view" when you look in the portal then probably ECFMG is not the party that is causing trouble. I wonder what made DoS decide against USCIS. 

 

does anyone know for sure that forwarding the cases to DoS equals USCIS finding hardship or not? 

[Wyboxcx 49]

When USCIS forwards the case to DOS it means they found prima facie hardship, which in legal jargon basically means they do agree with the applicant that exceptional hardship exists . The problem is that DOS even when they receive such application from USCIS are still going to weigh whether program goals and considerations are more important than the hardship. If the sponsor thinks that you have to go home despite the hardship, they will reject the case. It’s really a terrible form of law and there is no appeal against it sadly.