J1 waiver time taken by USCIS, need to travel home.

dban

By dban,
in J-1 Waivers

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dban Newbie

dban

Posted
Posted

Hello,

 

I had applied for J1 waiver and received DOS Favorable recommendation on August 26, 2015. USCIS received the recommendation on 26th August. But since then there is no more progress. I checked the timeline and it says it takes 4 months for USCIS Vermont Service Center to process this case. 

 

Can anybody share if they know how long it is taking recently (mid 2015) for USCIS to decide on a case? 

 

Also I need to go home in late November (this is an emergency). Can anyone comment if I can go home if the case is still pending? Will that cause any issues like waiver getting cancelled etc?

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mehhhh Newbie

mehhhh

Posted
Posted

dban, My case was based on NOS and it took the USCIS Vermont Center 7 weeks to approve the waiver after it received a favorable recommendation from the DOS. This was earlier this month. I think the processing time varies significantly between cases though because I know some people who got approval within 3 weeks. Good luck!

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  • 2 weeks later...
jairichi Advanced Member

jairichi

Posted
Posted

I got favorable recommendation from DOS on 7th Aug 2015. USCIS received my application on 15th Aug 2015. They say it can take 4 months and above to give final decision. Why me? Why are others getting it in 2 weeks, and I am stuck now for close to 2 months? Even with the grace period, I now have only a month in US.

You do not have to stay in US. Update your address with a friend or colleague's address & let them forward it to your address in home country.

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spintop Newbie

spintop

Posted
Posted

Hi All,

 

Just wanted to say that I am one among you eagerly waiting for my waiver approval. DOS gave a 'favorable reco' on Aug 12th and USCIS received on Aug 20th.  From then on this frustrating wait.

 

I donot understand what decides on early approval and delayed approval, any idea guys? I see some cases were approved in 2 weeks, few in 3 weeks, some in 4 weeks.

 

I have a question can we approach info pass?

 

I see in the forums that for J1 physicians waiver, they report that USCIS is facing some technical difficulties. Could that be case for us too.

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entangled11 Member

entangled11

Posted
Posted

My employer who was willing to change from J1 to H1B has filed for my H1B before my J1 ends. They say I can stay as long as I don't hear an approval or denial on my case. Does this mean I get more than one month of grace period? And if I do stay longer than a month as I wait for the waiver, what if my waiver gets denied? Do I pack up in a day, and leave?

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entangled11 Member

entangled11

Posted
Posted

Hi All,

 

Just wanted to say that I am one among you eagerly waiting for my waiver approval. DOS gave a 'favorable reco' on Aug 12th and USCIS received on Aug 20th.  From then on this frustrating wait.

 

I donot understand what decides on early approval and delayed approval, any idea guys? I see some cases were approved in 2 weeks, few in 3 weeks, some in 4 weeks.

 

I have a question can we approach info pass?

 

I see in the forums that for J1 physicians waiver, they report that USCIS is facing some technical difficulties. Could that be case for us too.

Hello Newbie,

I am in same boat. Please post whenever you receive yours. That will give me some hope that it is coming my way too! They say there's nothing much I can do, but wait. 

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entangled11 Member

entangled11

Posted
Posted

You do not have to stay in US. Update your address with a friend or colleague's address & let them forward it to your address in home country.

My employer who was willing to switch from J1 to H1B has already posted my H1B documents before my J1 waiver ends. (since I have DOS letter showing favorable recommendation, they could do that legally) However as I enter the grace period, they also told me that one month grace period no longer applies. i.e. I can stay longer until I hear acceptance or denial. Is that true? It is safe to do so? Also if I get denied after say 4 months, do I pack up and leave in a day or in a month now? 

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spintop Newbie

spintop

Posted
Posted

My employer who was willing to change from J1 to H1B has filed for my H1B before my J1 ends. They say I can stay as long as I don't hear an approval or denial on my case. Does this mean I get more than one month of grace period? And if I do stay longer than a month as I wait for the waiver, what if my waiver gets denied? Do I pack up in a day, and leave?

Hi Entagled,

 

I too am in grace period, my PI is still considering for filing my H1B. I was also told that once H1B filed, u can stay until you hear from USCIS. But not sure how much time you have post hearing from USCIS.

 

Wonder if your H1B is approved?

 

Good luck

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entangled11 Member

entangled11

Posted
Posted

Hi Entagled,

 

I too am in grace period, my PI is still considering for filing my H1B. I was also told that once H1B filed, u can stay until you hear from USCIS. But not sure how much time you have post hearing from USCIS.

 

Wonder if your H1B is approved?

 

Good luck

Hello,

No, my H1B is not approved yet. My grace period starts soon. I asked the same question to my immediate connection in HR - i.e. how much time do i get to pack up if I get denied by USCIS, and she said it is so much unlikely for USCIS to reject at last stage. Most denials happen at DOS stage. They have seen many cases, and they seem more positive than me. Hopefully things settle for you and me. I wonder if there is a way to expedite this process? Is there anything like premium processing on waiver decisions? I wonder if premium processing of H1 (with J1 waiver pending) could expedite the waiver decision. Hopefully if nothing else, it shouldn't cause them to simply stamp "declined" due to lack of insufficient documents!

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fresh15 Member

fresh15

Posted
Posted

Hello,

No, my H1B is not approved yet. My grace period starts soon. I asked the same question to my immediate connection in HR - i.e. how much time do i get to pack up if I get denied by USCIS, and she said it is so much unlikely for USCIS to reject at last stage. Most denials happen at DOS stage. They have seen many cases, and they seem more positive than me. Hopefully things settle for you and me. I wonder if there is a way to expedite this process? Is there anything like premium processing on waiver decisions? I wonder if premium processing of H1 (with J1 waiver pending) could expedite the waiver decision. Hopefully if nothing else, it shouldn't cause them to simply stamp "declined" due to lack of insufficient documents!

 

Premium processing of H1-B might very well allow your wiaver as well. Check out the third last post by WaiveMe on this thread: http://forum.murthy.com/index.php?/topic/90520-recent-waiver-timeline/page-3

His/her waiver was received on same date as mine at same service center. My waiver is still under process and his/her waiver was approved on Sep 23 due to premium processing of his/her H1-B. 

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spintop Newbie

spintop

Posted
Posted

Hello,

No, my H1B is not approved yet. My grace period starts soon. I asked the same question to my immediate connection in HR - i.e. how much time do i get to pack up if I get denied by USCIS, and she said it is so much unlikely for USCIS to reject at last stage. Most denials happen at DOS stage. They have seen many cases, and they seem more positive than me. Hopefully things settle for you and me. I wonder if there is a way to expedite this process? Is there anything like premium processing on waiver decisions? I wonder if premium processing of H1 (with J1 waiver pending) could expedite the waiver decision. Hopefully if nothing else, it shouldn't cause them to simply stamp "declined" due to lack of insufficient documents!

Hi Entagled,

 

Yes, I too was said that USCIS rejection after favorable decision is unheard of.

 

Coming to expedited process, I read somewhere that local congressmen or senator can request an expedited process for you given a good reason for request. However, I also read that in some cases that expedited request is considered as altogether new request.

 

Many of my friends mentioned that filing H1B can clear waiver. Another friend applied H1B in expedited processing and his H1B is approved, however even after H1B is approved, he is still waiting for his waiver to take up job for last 30 days. 

 

Many law firms are posting that USCIS VSC is facing technical problems due to which they are unable to process J1 requests. For eample:

 

http://www.murthy.com/2015/08/06/physician-j-1-waiver-approvals-delayed/

 

Even though it is for J1-physicians, all J1 waivers based on NOS are processed similarly, so this unbearable frustation

 

So in this case it may not work.

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spintop Newbie

spintop

Posted
Posted

Finally my status shows:

 

On October 9, 2015, we approved your Form I-612, Application to Waive Foreign Residence Requirements, Receipt Number EACXXXXXXXXXX. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

Hope this is it and there is no further step after this!

Congratulations Fresh15. One of my friends also got updated today, with same text. He said the site was updated today.

He says his H1B was also in process, that may have resulted in waiving early.

 

Wonder, Fresh15 if ur H1B is also filed. Is it in expedited processing? Also on which date was your file actually was cleared by DOS?

 

Best wishes

 

Any other members have good news to share, Pls also put your timelines, so that in future, guys who access can get an estimate.

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sshar Newbie

sshar

Posted
Posted

I received this message today. Finally my application got approved.

On October 9, 2015, we approved your Form I-612, Application to Waive Foreign Residence Requirements, Receipt Number EACXXXXXXXXXX. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

All the best to the people who is still waiting.

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spintop Newbie

spintop

Posted
Posted

Hi All,

 

My case also got approved. Nearly 80% of my friends waivers also got approved, which were received on Aug 20 by USCIS.

I wish the rest all the best.

 

One thing I observed is most of the cases were cleared just today. However few were dated as friday i.e Oct'9th and rest as today. 

 

As observed in older forums, many of them are cleared in batches.

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  • 2 weeks later...
fresh15 Member

fresh15

Posted
Posted

Mine was received by USCIS on Aug 20 and my status was finally updated on Oct 13. So, it will take sometime. Expect some update by Oct end or Nov first week.

 

Hey guys

 

My application reached USCIS on September 16th, and still haven't received any news. Anyone else in the same boat? Patience is running out. 

 

Any updates might help relieve this painful wait.

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