Department of state approval

pdpy

By pdpy,
in J-1 Waivers

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MediumRare Member

MediumRare

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If you're in the US the center where your H1B is pending will work out with Vermont Center(change of status cases) If you're outside the US and go for the consulate interview the H1B center won't wait for your waiver and will approve your H1B without the waiver.

 

It took 3 months and a week for USCIS to approve my waiver, online.. 

 

Kass, I feel you'll get your waiver tomorrow.. (if I go by the same time it took for me)

 

Hang in there guys. It's a dreadful situation, never ever did we have to wait for something so long with so much pain. But patience becomes a virtue..

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pdpy Member

pdpy

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KASS_1783: Have you seen any activity on USCIS website for your case number? Is you i-612 being processed at Vermont center or somewhere else? When my i-612 was initially filed at Vermont center, the site was updated with message "my case was received at another USCIS office" - which essentially meant that we have received your i-612. Then about 2 weeks later, the website was updated with message "my name was updated" - which essentially meant that they have started initial review of my i-612 per email from USCIS. You can also sign up for email/text on USCIS website. When I signed up for text & e-mail, I received text showing 'name was updated', and email stating my i-612 is in initial review. 

 

KASS_1783, have you seen any online update for your i-612? You can also check where you case stands relative to your neighbors i.e. you can change last 2 digits of your case number, and see where their cases stand. But it's not very accurate, because you will see that several prior cases are still in initial review, and several later cases have been approved. But it would still give you some idea.

 

moormoor: My waiver is under Conrad 30, and it's not academic institute. My lawyer says it's unusual that USCIS-California (where my i-129 is filed for H1b premium processing) is asking for waiver approval from USCIS-Vermont (where my i-612 is filed for waiver approval after DOS approval). I have seen cases where I-612 (waiver approval) is still pending, but the candidate's i-129 gets approved (i.e. granted h1b visa and can start working). So per my lawyer, this is a bit unusual. 

 

Lawyer has also suggested to contact my employer to have federal lobbyist involved in the matter. Moreover, talking to local senator would also not be harmful. God knows which channel works !

 

Good luck to all of you guys !

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moormoor Advanced Member

moormoor

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Thanks pdpy, after reading your message I contacted my current university and the one I will be joining, from their experience most cases get their i-129 without the final I-612. 

 

There might be two reasons to this: 1- Universities might have their own channels in USCIS. 2- I live on the east coast so our H1b applications go to the same center they process waivers (Vermont), maybe your i-129 file was not currently linked to your I-612 application.

 

BTW, did you attach a copy of your USCIS receipt and DOS letter with the H1B application?  From your message I am guessing your lawyer rarely gets an RFE and most of his I-129 applications get approved without I-162.

 

I will let you know how my I-129 progresses, please let us know if you are able to fix this issue.

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blahblahblog Advanced Member

blahblahblog

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@pdpy

 

I have a pending no objection I-612 with VSC USCIS that was received by them in early May. I also have a name changed update from early June and no movement since then. My name update was actually because they had my name wrong in the I-797C and I requested the fix. My case is a family-based adjustment of status which is currently being processed as well.

 

The crazy thing is that a lot of no objection cases online that were received by USCIS before early April were done by mid-May, most of them within two weeks. But from mid-april on the whole thing got super clogged (DOS approval taking 10 weeks, USCIS over 3 months). I wonder if it has to do with the FMG cases. Do you guys all apply around April?

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pdpy Member

pdpy

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Hi Moormoor and blahblahblog,

 

My lawyer had processed successfully i-129 without approval of i-612. And that's what she was expecting in my case as well. 

 

My DOS approval also took 9 weeks (thanks to the global technical glitch in their system !!). As I stated earlier, my lawyer filed regular H1B while my DOS was pending, so that I don't have to go back to home country even after my J1 expires. Once she received DOS approval, she upgraded to H1b premium. And then she received RFE stating that i-612 needs to be approved before they can approve i-129. 

 

My friend had filed i-612 in late May, and hers got approved by late July (2 months). She also did premium processing, but didn't have to wait for i-612 approval. 

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pdpy Member

pdpy

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Hi j1waiver2015,

 

You can ask your lawyer to file for H1b via routine processing (which takes 3-4 months to approve). That way, you get 3-4 months period during which time you can stay legally in US as your H1b is "pending". And once you get the approval from DoS, your lawyer can upgrade your H1b application to premium processing. At least, that's what my lawyer did for me. 

 

I'm just wondering, normally ECFMG gives grace period for 1 month after your last day of residency/fellowship, and you mentioned your grace period starts soon. I guess residency/fellowship should have completed by June 30th, unless the residency/fellowship was extended for some reason. 

 

Another suggestion. Are you taking boards this year? If yes, then you can request ECFMG to give you extension till you complete your board. 

 

Hope this helps.

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pray79 Newbie

pray79

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j1waiver2015,

 Try calling the state department office in DC (do a search for DoS phone directory and start calling numbers from the visa section/waiver section). Keep calling till someone answers the phone who can help you.

Try writing to your congressman (I am in MD and they pursued my case actively). However, calling will be most effective.

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pdpy Member

pdpy

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Here is my timeline:

 

March 16th: DS-3035 submitted to KDHE (state department, Kansas - in my case). It was returned back due to some concern in contract. 

 

April 9th: Resubmitted DS-3035 with revised contract to KDHE

 

May 14th: KDHE approved my waiver - the papers sent to Department of State (DoS)

 

July 9th: DoS approved my waiver - the papers sent to USCIS-Vermont center for final waiver approval (I-612)

 

July 10th: My attorney filed my H1b under premium processing (I-129) at USCIS-California. Normally this gets approved even though I-612 is pending (but not in my case)

 

July 23rd: RFE (Request for evidence) was received from USCIS-California stating that your I-612 is not approved, so we are not able to process your H1B

 

August 5th: I-612 approved from Vermont center

Now waiting for approval letter to be received, and it will be sent to california center.

 

Hope this helps. 

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pdpy Member

pdpy

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Finally by the grace of god USCIS approved my i129 today. So finally I will be able to start work next week. Thanks to all on this group for their support. For people still waiting for their approval's please hang in there. Things will finally work out !


 


Here is my final timeline-


March 16th: DS-3035 submitted to KDHE (state department, Kansas - in my case). It was returned back due to some concern in contract. 


 


April 9th: Resubmitted DS-3035 with revised contract to KDHE


 


May 14th: KDHE approved my waiver - the papers sent to Department of State (DoS)


 


July 9th: DoS approved my waiver - the papers sent to USCIS-Vermont center for final waiver approval (I-612)


 


July 10th: My attorney filed my H1b under premium processing (I-129) at USCIS-California. Normally this gets approved even though I-612 is pending (but not in my case)


 


July 23rd: RFE (Request for evidence) was received from USCIS-California stating that your I-612 is not approved, so we are not able to process your H1B


 


August 5th: I-612 approved from Vermont center


 


August 10th: RFE response was submitted to USCIS


 


August 11th: RFE response was received by USCIS, and status was updated online 


 


August 14th: I-129 approved from California Center (i.e H1 B approved !!!!!)


 


Thanks again everyone, and wish you all the best !


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zabcdef Newbie

zabcdef

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I think they are just moving fast now. Here is my timeline for NOS

 

DOS received files on 26th May 

DOS favorable recommendation on 30th June

USCIS(vermont) received files on 14th July start processing on 21st July

received I-797C on 23rd July

I-612 approval updated online on 14th Aug.

 

Thanks alot guys for sharing your experiences during this stressful time. It was really helpful. Can you please let us know how much time they need now to send the letter by post ?

 

And best of luck to rest of you who are still waiting. 

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dutch71 Newbie

dutch71

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Hi All-- Thanks for all the posts on timelines. It was very helpful to read. This has been my timeline so far:

 

Statement of Reason - Received April 17 2015

Passport Data Page - Received April 17 2015

Form DS-2019 - Received April 17 2015

Form DS-3035 - Received April 17 2015

Fee- Received April 17 2015

NOS - Received May 06, 2015

Recommendation  Sent - August 12, 2015

 

It seemed like forever for the recommendation to be sent, but I was so glad it moved forward. I haven't heard anything from the USCIS and haven't received anything in the mail yet from DOS. Does USCIS contact me via a letter or email and give me a number to keep track of my case? How do I know when they received my I-612? Should I call them? Thanks for the help!

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qianq_1625 Newbie

qianq_1625

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Hi, I got favorable recommendation letter from DOS on July 22nd. And I also got the notice from USCIS. Do I just have to wait for their final approval? Were you asked to do anything after your favorable recommendation letter was received by USCIS? My status right now is still: received from another office...

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pdpy Member

pdpy

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Hi zabcdef,

 

Normally USCIS send out the letter (via regular post) the same day when they approve your i-612. So it should not take more than 3-5 business days for the final letter. In my case, I had requested our lawyer to send expedited overnight return envelope to USCIS, so mine came through yesterday. Hope yours will come soon too ! Good luck. 

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pdpy Member

pdpy

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Hi quianq_1625,

 

Per my understanding, you don't have to do anything (except to just wait and watch). USCIS will take time to review your case depending upon whether you have entered your form through regular processing vs. premium processing, and they will update the status online. Just in case, if they need something from you, they will send RFE (request for evidence) response to lawyer. In that case, your lawyer will contact you to provide some extra evidence. I know this waiting period is nerve-wrecking. Good luck !

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qianq_1625 Newbie

qianq_1625

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Hi pdpy,

 

My case is a little different. My H1b is already approved, but because of this waiver it's not activated. I need this waiver to go back to my country to activate my H1b. I applied for this waiver after I got the approval of H1b. So my question is whether the premium processing service applies on J1 waiver process. If it does, I don't mind to pay for that, after all time is more precious. Thanks!

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