J1 Waiver, DoS is taking too long time


j1desease

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I received the USCIS case receipt for J1 waiver. The date on notice was Feb 10th. The case number is still not showing up anything on USCIS website. Any comments on it? 

 

I am also in the same situation. Received the USCIS case receipt. dated Frb10th .No update in USCIS website yet 

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Timeline for my fiance J-1 Waiver:

 

Document Sent: DS3035 Package - Dec. 15, 2013 and delivered to visa waiver office (St Louis) on Dec 17, 2013 as per courier tracking.The case showed up on J-1 Waiver site on January 16th.

 

NOC sent - January 3, 2014 and updated on J-1 Waiver Website on January 23, 2014

Favorable Recommendation updated on J-1 Waiver site on February 21, 2014

 

Overall, Waiver took 4 weeks from the day they updated the waiver site with all documents received.

 

Awaiting - Favorable Recommendation letter from Waiver Review Division. After that USCIS Case # and final approval from USCIS. Once i will have all this information i will update this forum further.

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I received the USCIS case receipt for J1 waiver. The date on notice was Feb 10th. The case number is still not showing up anything on USCIS website. Any comments on it? 

 

Hi Singh 125,

 

How did you get the USCIS case receipt? Did they send you any post mail? I too got the fevorable recommendation on 6th feb,  but till now I didn't get any replay from USCIS. Actually I applied waiver from India, I have given my friend address for the communication purpose. He got the copy of favorable recommendation but he didn't get any update from USCIS

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Hi Sudheesh,

 

I got the I-797 C notice of Action receipt via mail on 19th Feb. I think it should come to your friend address, but in USPS sometimes they checks whether your name is assigned to that address then they deliver  or if you use c/o. So check with USPS also.It happened with me last time when I gave my friend address and some other receipt from USCIS was returned back. So check with USCIS and USPS also.

 

 DOS website highlighted favorable recommendation on Feb 7th.I didn't get the favorable recommendation copy at my address till now. 

 

Thanks,

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Another update:

 

Although I never received the letter with waiver case status number from USCIS, my new employer applied for H1B on Feb 12 and it has been approved on Feb 25.

Sv2013, you were on H1b with H1 b status before  you applied for J1 waiver with previous employer? Is it okay to be in H1 b status before taking waiver in terms of when you go for H1 b stamping? Secondly, can attorney apply for H1 b with just DOS recommendation?...please let me know I am in kind of same boat.

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Yes, based on favorable recommendation from DOS an employer can file a H1B petition.

my attorney is saying there can be some chance of rejection so is he wrong? and while filling H1 b petition do they require to show DOS recommendation or something. As I don't know how a petition can be approved before the approval of J1 waiver. Even at murthy  firm, attorney was also not 100 % sure.

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my attorney is saying there can be some chance of rejection so is he wrong? and while filling H1 b petition do they require to show DOS recommendation or something. As I don't know how a petition can be approved before the approval of J1 waiver. Even at murthy  firm, attorney was also not 100 % sure.

 

I am on J1 from 2011. I was never on H1b before. I applied for waiver because my new employer wanted to file H1b. You cannot apply for H1b visa while you are subjected to home residency requirement and before you get a waiver.

 

However, as jairichi said, once you get favorable recommendation from DOS and before you get the final decision from USCIS, you can apply for H1b. I guess USCIS will take a decision on both your waiver and visa together. I do not think a pending waiver application will affect chances of getting a H1b visa. 

 

In my case, my employer applied in premium processing after DOS issued a favorable recommendation. They applied before I got the letter from DOS by mail, so they included the NOC issued by my home govt. The visa is approved, so, I assume that the waiver is also approved, but I have not received the letter from USCIS on that yet.

 

Hope this helps.

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Hello Dratluri79,

 

Thanks for your email...Since I'm working in NIH DOS has contacted NIH's DIS for sponsor views on FEb 26th, 2014...NIH will verify my future employment and then will give favorable recommendation to DOS. I have submitted few supportive docs to NIH DIS for this...Then DOS will comment their final views on my application..Don't know how long this will take? Still waiting!! How about you? Pls update your's too :) 

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Timeline for my fiance J-1 Waiver:

 

Document Sent: DS3035 Package - Dec. 15, 2013 and delivered to visa waiver office (St Louis) on Dec 17, 2013 as per courier tracking.The case showed up on J-1 Waiver site on January 16th.

 

NOC sent - January 3, 2014 and updated on J-1 Waiver Website on January 23, 2014

Favorable Recommendation updated on J-1 Waiver site on February 21, 2014

 

Overall, Waiver took 4 weeks from the day they updated the waiver site with all documents received.

 

Awaiting - Favorable Recommendation letter from Waiver Review Division. After that USCIS Case # and final approval from USCIS. Once i will have all this information i will update this forum further.

 

Hi Atish82,

 

Have you received a copy of the recommendation from the Waiver Review Division? Or any communication from USCIS in the mail?

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I am on J1 from 2011. I was never on H1b before. I applied for waiver because my new employer wanted to file H1b. You cannot apply for H1b visa while you are subjected to home residency requirement and before you get a waiver.

 

However, as jairichi said, once you get favorable recommendation from DOS and before you get the final decision from USCIS, you can apply for H1b. I guess USCIS will take a decision on both your waiver and visa together. I do not think a pending waiver application will affect chances of getting a H1b visa. 

 

In my case, my employer applied in premium processing after DOS issued a favorable recommendation. They applied before I got the letter from DOS by mail, so they included the NOC issued by my home govt. The visa is approved, so, I assume that the waiver is also approved, but I have not received the letter from USCIS on that yet.

 

Hope this helps.

 Thanks Sv2013 for the info, today I saw on USCIS website that my J1 waiver is approved and mailed.

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Hi all,

 

The DoS forwarded a favorable recommendation to USCIS on Feb. 20. As of today I haven't received the copy of the recommendation from the DoS nor have I received any notice from USCIS. 

 

Is there anyone who got a favorable recommendation around the same date in the same situation? I would think 2 weeks is enough time to receive the copy from DoS or the notice from USCIS. Does anyone have any thoughts on this?

 

Any assistance is much appreciated. 

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Hi all,

 

The DoS forwarded a favorable recommendation to USCIS on Feb. 20. As of today I haven't received the copy of the recommendation from the DoS nor have I received any notice from USCIS. 

 

Is there anyone who got a favorable recommendation around the same date in the same situation? I would think 2 weeks is enough time to receive the copy from DoS or the notice from USCIS. Does anyone have any thoughts on this?

 

Any assistance is much appreciated. 

Hi Angelcaido,

 

Can you please provide your timeline from NOC to favorable recommendation? My fellowship also sponsored by a U.S Govt agency and wanted to know when they requested sponsor views. 

 

Thanks in advance,

V

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Hi Angelcaido,

 

Can you please provide your timeline from NOC to favorable recommendation? My fellowship also sponsored by a U.S Govt agency and wanted to know when they requested sponsor views. 

 

Thanks in advance,

V

 

My fellowship was NOT sponsored by a USG agency. The money came from my country, but this was funneled through an American non-profit who was in charge of issuing my DS-2019s. The DoS requested the views of this non-profit who simply confirmed that there was no USG funding involved. In any case, here's my final timeline:

 

Documents received                       -- Nov 20, 2013 (I mailed them on Oct. 30).
 
NOS received                                  -- Dec 12, 2013 (The embassy sent it on Oct 31)
 
Request for Sponsor views set       -- Jan 27, 2014 (I've never seen them take this long to request sponsor views. In practice they only do this if one gets money from the USG earmarked for exchange visitors, which I didn't. I guess they wanted to make sure and requested it from the non-profit who sponsored my DS-2019).

 

Sponsor views received                  -- Feb 6, 2014

 

(Favorable) Recommendation sent -- Feb 24, 2014

 

Final USCIS waiver approved         -- March 14, 2014

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My fellowship was NOT sponsored by a USG agency. The money came from my country, but this was funneled through an American non-profit who was in charge of issuing my DS-2019s. The DoS requested the views of this non-profit who simply confirmed that there was no USG funding involved. In any case, here's my final timeline:

 

Documents received                       -- Nov 20, 2013 (I mailed them on Oct. 30).
 
NOS received                                  -- Dec 12, 2013 (The embassy sent it on Oct 31)
 
Request for Sponsor views set       -- Jan 27, 2014 (I've never seen them take this long to request sponsor views. In practice they only do this if one gets money from the USG earmarked for exchange visitors, which I didn't. I guess they wanted to make sure and requested it from the non-profit who sponsored my DS-2019).

 

Sponsor views received                  -- Feb 6, 2014

 

(Favorable) Recommendation sent -- Feb 24, 2014

 

Final USCIS waiver approved         -- March 14, 2014

Thanks a lot for providing your timeline. Congratulations on your waiver. 

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  • 2 weeks later...
My Timeline:

 

Recommendation- Sent- March 31, 2014

No Objection Statement- Received- February 06, 2014

Fee- Received- February 03, 2014

Form DS-3035- Received- February 03, 2014

Form DS-2019- Received- February 03, 2014

Passport Data Page- Received- February 03, 2014

Statement Of Reason- Received- February 03, 2014.

 

In my case it took almost 8 weeks to get Fav. Rec.

 

All the best for all those still waiting. It is just matter of time. Don't worry. 

 

-Venkata

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