J1 Hardship Waiver 2021-2022 Timeline

[Hanijani 8]

31 minutes ago, Mickey344 said:

@HanijaniWhere did you get this communication from?

I sent an email on that 212ewaiver@…., 

this para was included in the generic reply.

[Hanijani 8]

On 8/14/2023 at 7:31 AM, metehan said:

My O1 got denied last month. I am re-filing it now.

@metehanHad you gotten RFE? which seviice center was you case at?  I have gotten RFE. what speciality are you? I am Pathologist with 2 fellowships. I do not have very great research, have many posters and abstracts but few real articles. They have sent an RFEobjecting on everything. Even the contract and salary. 

[ErinK 35]

5 hours ago, Hanijani said:

@metehanHad you gotten RFE? which seviice center was you case at?  I have gotten RFE. what speciality are you? I am Pathologist with 2 fellowships. I do not have very great research, have many posters and abstracts but few real articles. They have sent an RFEobjecting on everything. Even the contract and salary. 

What does objecting to contract and salary even mean? They are claiming it's not a real job? So ridiculous 

[J1 Physician 4]

Sorry out of line but can someone help me with this..

 

When you request expedited processing from DOS how do you know they rejected it? Do they email you?

[Hanijani 8]

5 hours ago, J1 Physician said:

Sorry out of line but can someone help me with this..

 

When you request expedited processing from DOS how do you know they rejected it? Do they email you?

Yes, this email. 

[Hanijani 8]

8 hours ago, ErinK said:

What does objecting to contract and salary even mean? They are claiming it's not a real job? So ridiculous 

For example these highlighted areas. The contract is detailed but they still objected.

also that I am J1, cannot go on O1. 
The italic font paras are attorneys notes.

[J1 Physician 4]

1 hour ago, Hanijani said:

Yes, this email. 

Thank you for your response. How long does it take to get this reply?

[Hardship_waiver 50]

32 minutes ago, J1 Physician said:

Thank you for your response. How long does it take to get this reply?

I also got the same response a year ago. DoS is very fast in processing/denying expedite requests. The whole process got completed in a week. 

[Hanijani 8]

1 hour ago, J1 Physician said:

Thank you for your response. How long does it take to get this reply?

Next day

[ErinK 35]

12 hours ago, Hanijani said:

For example these highlighted areas. The contract is detailed but they still objected.

also that I am J1, cannot go on O1. 
The italic font paras are attorneys notes.

 

you can't change your status from J-1 to O-1 from inside the country. Once USCIS approved your O-1, you should leave the United States and go get an O-1 visa stamp from U.S. embassy

[Hanijani 8]

1 hour ago, ErinK said:

 

you can't change your status from J-1 to O-1 from inside the country. Once USCIS approved your O-1, you should leave the United States and go get an O-1 visa stamp from U.S. embassy

I know that and  i was planning to go to another country. But this doesnt say that. 

It says as if j1 can not switch to O 1 because of the home residence requirement. Which the lawyer has said is not the law. 

[ErinK 35]

11 hours ago, Hanijani said:

I know that and  i was planning to go to another country. But this doesnt say that. 

It says as if j1 can not switch to O 1 because of the home residence requirement. Which the lawyer has said is not the law. 

I believe the RFE is asking if you are requesting a "change of status," which is not possible. By definition, a change of status happens inside the United States and is processed by USCIS. And as you know change of status from J-1 to O-1 is not possible. This does not mean that you cannot do consular processing.

Did your lawyer mention "change of status" in your cover letter or O-1 application? Perhaps USCIS is misunderstanding. They are probably confused because you are physically present in the United States. You have to explain to them like they are 5!

 

I would put it in large, bold font in the cover letter you send with your RFE that you are not planning to do a change of status and are planning to do consular processing.

Something like this: 

 

I am writing to respond to the Request for Evidence (RFE) that I received on [date]. I understand that USCIS is concerned that I am requesting a change of status to O-1. I would like to clarify that I am not requesting a change of status and that I am planning to do consular processing. I am planning to leave the United States and go to the U.S embassy in [town] and apply for a visa. 

[ErinK 35]

On 8/16/2023 at 9:50 AM, J1 Physician said:

Thank you for your response. How long does it take to get this reply?

I got a response in less than a week too. They are very expeditious in rejecting expedite requests!

[Hardship_waiver 50]

Can anybody advise how to file a case against DoS for abnormal delaying? Can it be filed on our own as I don't have money for a lawyer for this process?

Thanks,

 

[Hanijani 8]

I have seen here people sending reminder emails/ expedite requests to DOS on that 212….. I myself have done that. 
just saw few videos that requesting DOS is waste of time. If expedite request has to be made, it should be made to USCIS.