My J1 waiver timeline 2016, advisory opinion to waiver

[drrobo]

Dear All,

 

Since going through the trauma of this experience myself, and having used this and other forums to learn and understand the process more fully, I felt compelled to contribute my timeline now that this part of my immigration journey is done. Timeline is below, but I wanted to include my background as well, since I was never supposed to be subject to the two year home presence requirement (see below), and it's important to illustrate how fallible and unfair this entire system can be. 

 

Timeline: 

advisory opinion request  - received August 20 2014

DS-2019, passport page, other - received September 26th 2014 (a month after being sent overnight by fedex)

212(e) finding letter - sent November 28th 2014, found subject to home presence requirement

*hired myself a lawyer*

2nd advisory opinion request  - received June 3rd 2015

G-28, DS-2019, passport page, other - received June 3rd 2015

212(e) finding letter - sent July 21st 2015,  found subject to home presence requirement

*lawyer recommends applying for a waiver*

Statement of reason, G-28, Passport data, DS-2019, DS-3035, Fee - received October 14 2015

No objection statement from British embassy - received October 23rd 2015 (would have been sooner, but they lost my request until I called and shouted at them)

Funding source memo - sent December 11th 2015

Other - received January 12th 2016

Unknown - received January 12th 2016

Recommendation sent to USCIS on January 15th Favorable recommendation

 

USCIS received recommendation on January 20th (Vermont service center)

Notice of action (I-797C) received by me on January 28th granting waiver

Final I-797 notice received in the mail February 2 2016

 

I-485 now in preparation!

 

P.S. important tip - the J1waiver DoS website seems to be updated 2AM EST, so don't sit at your computer clicking away to refresh the page every 10 minutes!

 

 

For those interested, the background:

I'm a researcher at a good university in California, my research has always been funded by grants to my professor (i.e. to the lab, not to me), or my own  fellowship funding from non-government foundations (again paid through the university, not to me). I'm on a J1, and as a British citizen the skills list does not apply to me. Thus there is nothing that would make me subject to the two year home presence requirement (my lawyer later completely agreed, as did the international department of my university). 

 

However, for whatever reason (insanity, idiocy, whatever) my first DS-2019 was marked as subject to the home presence requirement. So towards the end of my J1 I prepared an advisory opinion myelf with all documentation they required for peace of mind. The result came back as subject to the rule, due to my "British government funding". Clearly a mistake, since I'd never accepted British funding, let alone from a government source. I emailed them, 2 weeks later got the reply saying the funding source (which has "Californian" in the title, by the way...) was in Britain and was government funding. It was not. This is when I hired the lawyer.

 

Together we put together a package with details of the funding source, printouts from their website detailing their location, financial details, I had the director of the institute write a letter for me, I had reference letters from the international office, administrative office from the university, my boss in charge of the funds he had received that paid me, everything. They were all labelled as exhibits, set out clearly and our case was airtight. This was sent off as a second advisory opinion. Again the result came back that I was subject to the rule. What can you do.

 

If the DoS weren't going to admit they were wrong, I had to say OK, I'm subject to this rule, now I want a waiver. Because of my experience with DoS so far, my waiver package was much bigger and more detailed than ever would have put together without guidance. My lawyer suggested including the following: I had a personal statement of several pages explaining why my work was so important, how I was the only one who could do this research, how the US would suffer if I was to not be granted a waiver and allowed to stay and continue. I included google scholar printouts detailing how much my research had been cited, a CV with my publication list, membership to professional bodies, evidence of my presentations at international conferences held here in the US. I had four professors,including the head of our department, and several colleagues write letters of support detailing why it was so important the US not lose me, citing the quality and importance of my work. I also included details of job applications and requests for interviews I had received, to show I had a future lined up. This is in stark contrast to the advice I've seen online where you just include a paragraph to say why you'd like to stay.

 

Whatever we did worked, and after almost 2 years since my first advisory opinion was sent they granted me the waiver this week. This was despite their (totally erroneous) view that I had received government funding, which would make me automatically subject. I have waffled on like this because I feel it's important for others who are going through this process to know, you aren't the only one struggling, there is light at the end of the tunnel. It cost me thousands of dollars, and I even ended up having to get help for anxiety and depression - trying to live a normal life while dealing with imminently being separated from your career and spouse will do that to you. But I got there. And if during your own applications you have any doubt, get a lawyer, put in a ridiculous amount of effort yourself, and you'll be fine. 

[kalaka]

Hi drrobo,

With reference to your 

Other - received January 12th 2016

Unknown - received January 12th 2016"

Do you know what the "other" and "Unkown" were for?

My case is almost similar, and I am still waiting to hear from DoS. When I look at my case history, I see "other" and "Unkown" received after Sponsor view was requested, but not sure what they are for..

Thanks,

[jay.ess21]

Hi, I called USCIS today and was able to speak to the immigration officer. He informed me that the Vermont Center is currently processing I-612 applications received in November. I put a request for expedited processing by phone. The officer said that they will let me know within five calendar days if my expedition request was accepted or not.

 

My question is has anyone else here placed a expedition request by phone, and did that work? 

[jay.ess21]

Hello everyone! I am happy to report that today the USCIS has approved my J-1 waiver case based on no objection. The complete timeline is below for those of you interested.

 

Country of citizenship: India; Country of last residence: Switzerland 

---

• 11/2014:  J-1 waiver advisory opinion sought from DOS
• 12/2014:  Married USC spouse in 12/2014
• 05/2015:  DOS notice 'subject to two year home country residency'
• 05/2015:  No objection statement sought from home country
• 09/2015:  No objection statement 1 sent to DOS from country of citizenship (India)
• 10/2015:  No objection statement 2 sent to DOS from country of last residence (Switzerland)
• 12/21/2015:  Contacted local senator and congressman's office for expedited DOS processing
• 12/22/2015:  Congressman's office sent a letter to DOS to expedite processing (Senator's office did not respond)
• 12/24/2015:  J-1 waiver DOS favorable recommendation softcopy forwarded by Congressman's office
• 12/24/2015:  J-1 waiver online status updated to 'favorable recommendation'
• 01/02/2016:  J-1 waiver favorable recommendation hardcopy from DOS dated 12/23
• 01/07/2016:  J-1 waiver USCIS receipt received in the mail dated 01/04
• 02/08/2016:  Called USCIS and placed a expedited processing request for J-1 waiver
• 02/12/2016:  USCIS denied request for expedited process (*sigh*)
• 02/16/2016:  USCIS email and text notification that J-1 waiver has been approved. 
• Waiting for approval notice in the mail.

[simow]

drrobo

 

sorry to hear about the anguish you went through and well done for eventually succeeding.

 

I just wondered, with regards to the advisory opinion, what was written in section 5 of your DS-2019 form?  I have a university who will shortly petition for an H1-B visa for me.  I was previously a J-1 (and also British) and have been told by my previous J-1 program sponsors and my current potential university that I am not subject to 2 year rule.  I have two DS-2019 forms (I transferred once during my J-1) and in section 5 of both forms I just have 'current program sponsor funds' written on both forms.........no mention of any government funding.  A couple of lawyers have said I should get an advisory opinion to be safe when I go to stamping interview in London.....however I do hear of these mistakes and like you it is clear cut I have not received government funds........my original DS-2019 says I was not subject , my second is blank as it was reprinted by the new university....there is nothing written on my visa stamp.  Anyway, just wondered what it said in section 5 of your DS-2019?.....apparently this is important.

 

Thanks

[GC2016w]

Hi all,

 

I applied for J1 waiver. I have sent my documents to DOS on 4th March 2016. On 24th March I got email from the WRD saying my case number has been changed. When I checked with the new case number online on first tab I found one case from June 2002 showing favorable recommendation. On second tab, I found my case with pending status with all documents that I have sent under the status "received" and at the bottom 'unknown' sent (I am assuming its the email that has been sent to me). I came to the USA in 2012 and never visited before that. Any comments or suggestions will be highly appreciated.

[budo]

Hi all,

 

I applied for J1 waiver. I have sent my documents to DOS on 4th March 2016. On 24th March I got email from the WRD saying my case number has been changed. When I checked with the new case number online on first tab I found one case from June 2002 showing favorable recommendation. On second tab, I found my case with pending status with all documents that I have sent under the status "received" and at the bottom 'unknown' sent (I am assuming its the email that has been sent to me). I came to the USA in 2012 and never visited before that. Any comments or suggestions will be highly appreciated.

 

DOS assigns you a new case number when you apply, but as soon as they find out you already had an old case with them, they will change your new case number and reassign you your old case number. However, you said you came in 2012, so unless you were here before then, you couldn't have applied for a waiver in 2002. There may be some kind of mix up. I would contact them to clarify this if I were you. "Unknown sent" could be something else. I got the same message although I did not get an email form DOS. I saw both "unknown received" and "unknown sent" in my case. I guess those are some kind of codified language for DOS own use.