J-1 Waiver Timelines 2016

[Coco8 1,039]

2 hours ago, yazounet said:

I can not believe I'd have to wait another 8 months or so. UGH!!! I am a researcher yes. So to give you a bit of insight : I am a medical school graduate and currently enrolled in my home country as a PhD candidate but as I am on the stage of writing my thesis I am doing all of my research here in the States. I am here as 'Research Scholar'.. So as I am a doctor, the embassy attaché that did my visa work told me that it is on my country's skills list. So he had no choice but to apply the 212e 2 year rule. But the funny part is that instead of checking the box of skills list on  my DS-2019 he checked the box 'government funded'. 

So right now I am wondering whether it is because of that mistake or they just want to check if I'm funded by NIH?

Do you guys think I should e-mail DOS and ask them what this is all about? 

and Coco8, do you have any more info about the researchers who had this on their timeline? 

Ps: on my actual visa on the passport it says 212e 2 year rule does NOT apply. I mean.... 🤷🏻‍♂️ But on DS2019 it says it does..

thank you in advance 

After that memo is in, DOS will makes a decision. They have received the funding memo. It could still take 6-8 weeks but hopefully, they will do it quickly since you had to wait for so long! 

 

I think they asked for that because the consul checked "government funded" but no government agency was sponsoring you. So they had to figure out what was going on. 

 

 

[Zarra 0]

Guy i read on another website that sometimes it is a good idea to request 2 advisory opinions back to back, so if one says that you are subject to 212(e), another might say that you are not. And you can use whichever one that fits your needs. Is it true?

[Coco8 1,039]

20 minutes ago, Zarra said:

Guy i read on another website that sometimes it is a good idea to request 2 advisory opinions back to back, so if one says that you are subject to 212(e), another might say that you are not. And you can use whichever one that fits your needs. Is it true?

I doubt you can do that. You have to put your DS2019 numbers and those work like IDs. I doubt they are so dumb as to not keep records and cross-reference them. Plus, you then have to present the opinion to USCIS to get an H1B or a green card, and I'm sure they are going to check that it is real and the "second one" you never gave them will come up. It sounds very much like fraud. 

 

Where did they tell you that?

[amw_ 4]

30 minutes ago, Zarra said:

Guy i read on another website that sometimes it is a good idea to request 2 advisory opinions back to back, so if one says that you are subject to 212(e), another might say that you are not. And you can use whichever one that fits your needs. Is it true?

No. This is bad advice. The DOS is not stupid. After you fill out the form online, they will ensure that whatever posterior applications you submit, they will fall under the same case number.

 

Moreover, it is also a waste of time. It takes about 3 months to obtain a response from an Advisory Opinion. Do not send the same twice unless there are new facts, new documents, or change of circumstances that could make you no longer subject to the 212(e) rule.

[Zarra 0]

23 minutes ago, Coco8 said:

I doubt you can do that. You have to put your DS2019 numbers and those work like IDs. I doubt they are so dumb as to not keep records and cross-reference them. Plus, you then have to present the opinion to USCIS to get an H1B or a green card, and I'm sure they are going to check that it is real and the "second one" you never gave them will come up. It sounds very much like fraud. 

 

Where did they tell you that?

Thank you, i read it on avvo but cannot find it to share it here. But everything that you are saying makes perfect sense. 

[Zarra 0]

On 9/15/2017 at 3:36 PM, Coco8 said:

I doubt you can do that. You have to put your DS2019 numbers and those work like IDs. I doubt they are so dumb as to not keep records and cross-reference them. Plus, you then have to present the opinion to USCIS to get an H1B or a green card, and I'm sure they are going to check that it is real and the "second one" you never gave them will come up. It sounds very much like fraud. 

 

Where did they tell you that?

 

On 9/15/2017 at 3:47 PM, amw_ said:

No. This is bad advice. The DOS is not stupid. After you fill out the form online, they will ensure that whatever posterior applications you submit, they will fall under the same case number.

 

Moreover, it is also a waste of time. It takes about 3 months to obtain a response from an Advisory Opinion. Do not send the same twice unless there are new facts, new documents, or change of circumstances that could make you no longer subject to the 212(e) rule.

Hi, guys i found the link where the attorney suggests asking for 2 advisory opinions back to back. Its the first lawyer that answered the question. 

Edited September 18, 2017 by Zarra

[Zarra 0]

1 minute ago, Zarra said:

 

Hi, guys i found the link where the attorney suggests asking for 2 advisory opinions back to back. Its the first lawyer that answered the question. 

https://www.avvo.com/legal-answers/should-i-ask-for-an-advisory-opinion-to-determine--2206700.html

[amw_ 4]

On 11/09/2017 at 8:39 PM, logisticamente said:

@Coco8 I ask you since you seem to know a lot of things..

Do you know how can we ask an admin to close this threat so people (including myself) start using the 2017 dated forum?

None of us really belong in this 2016 timeline one since we all applied in 2017...  or that doesn't really matter?

 

 

Interesting but still bad advice. The Waiver Review Division is not quite the IRS. It's a small group of employees based in a single office space. The cases in which the a waiver apply are better defined than taxation matters, and further, the evidence to be presented is also better defined.

 

The consequence of asking the AO twice is that one will have to wait 3 more months, not to mention the lawyer fee if one submits through one. Only submit again if circumstances change, or if there are new facts. Otherwise, it's just time wasted.

 

Edited September 18, 2017 by amw_

[logisticamente 152]

3 hours ago, Zarra said:

https://www.avvo.com/legal-answers/should-i-ask-for-an-advisory-opinion-to-determine--2206700.html

I agree with @amw_  Interesting but I believe is bad advice.

You have to be careful with lawyers... at the end of the day you are the one who loses, not them...

Not long ago I met with my mom's lawyer who said I should go into the US with my tourist visa and get married (regardless of the two year rule)

I felt that was wrong so I consulted another lawyer who not only said that was stupid AH without a waiver.. but that even with a waiver a K1 visa would be a better option than entering with a B1 and AOS...

at the end of the day is your decision who to trust...

[Zarra 0]

I came to USA 4 years ago on J-1 visa with 212(e) (US Department Of State funded). After that, i went to another country (NOT MY HOME COUNTRY) to study. Occasionally i'd come to my home country during summers and winters. When i count from the stamps of my passport, I've only been to my home country for about one year since departing the USA. 

My questions:

1) As of today, do i need to stay home one more year on top of my brief visits to fulfill the 2 year rule? Or do i need to stay 2 full years ?

2) If i decide to depart the USA and fulfill the 2 year rule back home, can i file I-130 for spousal visa ( Im married to US citizen) while simultaneously fulfilling the 2 year rule?

[logisticamente 152]

3 hours ago, Zarra said:

I came to USA 4 years ago on J-1 visa with 212(e) (US Department Of State funded). After that, i went to another country (NOT MY HOME COUNTRY) to study. Occasionally i'd come to my home country during summers and winters. When i count from the stamps of my passport, I've only been to my home country for about one year since departing the USA. 

My questions:

1) As of today, do i need to stay home one more year on top of my brief visits to fulfill the 2 year rule? Or do i need to stay 2 full years ?

2) If i decide to depart the USA and fulfill the 2 year rule back home, can i file I-130 for spousal visa ( Im married to US citizen) while simultaneously fulfilling the 2 year rule?

You just only have to stay one year in your home country (visits count as part of the 2 years, also visits while you were a J1/student and went to visit) and yes, you can file for an spousal visa while the year passes. 😊

Edited September 21, 2017 by logisticamente

[Coco8 1,039]

53 minutes ago, logisticamente said:

You just only have to stay one year in your home country (visits count as part of the 2 years, also visits while you were a J1/student and went to visit) and yes, you can file for an spousal visa while the year passes. 😊

 

I agree. 

 

Make a spreadsheet with the days you have been to your country (like a column entry/exit and calculate dates automatically). Scan your passports in case you misplace them as evidence. 

 

Then, calculate the days you have left. 

 

The spousal visa takes 12-14 months so you should be able to complete what you have left. In any case, if you haven't completed the time by the time you can schedule your interview, I have seen people on VJ ask the consulate for a specific date that is right after they have completed their time (like someone from Russia ask them for a date in 6 months).

 

 

 

 

[yazounet 0]

Ok after ~6 months of waiting (mid-April , end-September) , I finally got my favorable recommendation from DoS. I am copying my timeline from DoS website, so that if anyone has similar issues with me can benefit and calm down a bit  (I know it is super hard to stay calm with this much of waiting)

 

I am not quite sure how to follow the rest of the process. I am guessing USCIS will receive my form from DoS.

How long does this part take approximately?

And how do I check it if they got the form from DoS or not? Is there a 'status check' website for USCIS?

Thank you in advance.

 

Department of State Advisory Opinion Finding: Favorable Recommendation

Item	Action	Date
Recommendation	Sent	September, 21 2017
Response to Funding Source Memo	Received	September, 14 2017
Funding Source Memo	Sent	September, 13 2017
No Objection Statement	Received	July, 31 2017
Fee	Received	May, 16 2017
Form DS-3035	Received	May, 16 2017
Form DS-2019	Received	May, 16 2017
Passport Data Page	Received	May, 16 2017
Statement Of Reason	Received	May, 16 2017

[Coco8 1,039]

6 hours ago, yazounet said:

Ok after ~6 months of waiting (mid-April , end-September) , I finally got my favorable recommendation from DoS. I am copying my timeline from DoS website, so that if anyone has similar issues with me can benefit and calm down a bit  (I know it is super hard to stay calm with this much of waiting)

 

I am not quite sure how to follow the rest of the process. I am guessing USCIS will receive my form from DoS.

How long does this part take approximately?

And how do I check it if they got the form from DoS or not? Is there a 'status check' website for USCIS?

Thank you in advance.

 

Department of State Advisory Opinion Finding: Favorable Recommendation

Item	Action	Date
Recommendation	Sent	September, 21 2017
Response to Funding Source Memo	Received	September, 14 2017
Funding Source Memo	Sent	September, 13 2017
No Objection Statement	Received	July, 31 2017
Fee	Received	May, 16 2017
Form DS-3035	Received	May, 16 2017
Form DS-2019	Received	May, 16 2017
Passport Data Page	Received	May, 16 2017
Statement Of Reason	Received	May, 16 2017

In roughly 10-15 days you will get a NOA1 from USCIS saying they got your petition and they will give you a number. You can track everything online with that number.

 

My petition was approved very fast. It took a few days. But some waited 1 month, 2 months, 4 months. So it is hard to say.

 

 

 

[Zarra 0]

Hi everybody, i have one simple question.

 

My DS-2019 expires in 3 months, if i apply for a waiver and the waiver process takes longer than 3 months, will i be out of status? 

 

Thanks in advance!