Why is J1 waiver taking so long

[ashgo]

I submitted the J1 waiver application for consideration under the "No Objection" route along with all the necessary documents back in Jun 20, 2017. On the J1 status website it reflects this as Jun23rd. On July 11th, 2017 it said that the Department of State got the No Objection Certificate from the Indian Embassy.

However, even after 6 weeks there has been no change. The status still reads "   Department of State Advisory Opinion Finding: Pending". I have already reached out to the email address they give and the only response I get it, the waiver officer is looking at your application and some canned sentences that amounts to "please be patient".

I am now left with a few different questions
- Is it normal for the status to say what it say? I never asked for advisory opinion and directly applied for the waiver yet the status say "advisory opinion".
- Is this length of time for processing normal?
- Has things on the whole got delayed because of the new administration?
- Should I contract the local Congressman/woman or senator to try to get their help.

I am particularly worried because my 5-years of J1 ends on Sep 20th, which essentially means I have till Oct 20th to leave the country (If I am reading the law correctly).  While I have already got a H-1B approved but for consular processing which means I can go out of the country get the visa restamped and get back in. Additionally, I am also applying for EB-1A green card  (all documents are ready and going to be submitted this week for expedited review) which I believe I should be more than qualified for since I have a ton of papers/citations and a few early career awards. However, even if EB-1A is approved I can't do anything till this damn J1 waiver is approved.

It would be awesome if someone else can share the recent timelines of their J1 waiver experience and/or some similar experience. 

 

[Dreams2017]

Hi,

My husband filed for waiver in february this year and in april NOC from home country came. DOS gave favorable recommendation one week after all the documents were received. On may 23 the recommendation was received by USCIS and till now no final approval yet. His H1B is approved and he is out of country. He is waiting for final waiver to apply for stamping. I don't know what is taking so long. we approached local senator too but no progress. I am not sure of your first question about advisory opinion. Avg processing times USCIS takes it to approve is reflecting 120 days on website after they receive fav. recommendation from DOS.

I wish your case is better than our situation. All the best!

 

[VENK04]

Hi,

 

Have you received any update on the USCIS reply? if yes great! if not please read through my experience 

My J1 waiver decision from DOS was changed to "favorable recommendation" by No objection from India, the home country on 18th July 2017. I received the letter from DOS to my address on 2nd August 2017 and receipt of I797c with the case number on August 5th from USCIS having the case accepted on 31st July 2017 from DOS. Until 31st August I did not have an update on the USCIS website, I tried to call to the customer service and tried to reach a live person after several attempts and trying various options. I was lucky to talk to a live person and he suggested me to request to expedite the I-612/ J1 waiver by choosing some options, I tried to choose adverse financial condition to the applicant if I don't receive the waiver. On September 5, 2017, I received an email update from USCIS for accepting my request and approval of my J1 waiver petition on 1st September 2017  and yesterday  I received my final waiver letter from USCIS by mail to my home. 

My J1 expires this month end and my employer plans to file the H1 soon as they were not comfortable to file H1 with DOS approval. I am not sure, I will get my application filed before the month end and approval from USCIS even in my grace period. We (my wife and I ) individual postdocs know the frustration during these stages of J1 waiver. Her waiver decision is still pending with DOS and then to USCIS and so on. 

Please call USCIS and try, try, try...

All the best.