DS2019 changed after J1 waiver favorable recommendation sent

[Murali 0]

I have a situation regarding J1 DS2019 and waiver based on no objection. My university issued me a new DS2019 (Changes to my funding and an update regarding this in SEVIS) after my favorable recommendation has been sent by DoS and my final waiver approval is still pending with USCIS. Will it have any problem with my final waiver approval by USCIS and the future immigration process? My university is saying it will not be a problem anywhere in future, but I would like to know if anyone is in a similar situation before.

Thanks

 

[S9471 60]

1 hour ago, Murali said:

I have a situation regarding J1 DS2019 and waiver based on no objection. My university issued me a new DS2019 (Changes to my funding and an update regarding this in SEVIS) after my favorable recommendation has been sent by DoS and my final waiver approval is still pending with USCIS. Will it have any problem with my final waiver approval by USCIS and the future immigration process? My university is saying it will not be a problem anywhere in future, but I would like to know if anyone is in a similar situation before.

Thanks

 

what exactly changed on the DS2019 compared to the one you had before? depending on that, it might or might not have an impact on your waiver application

[Murali 0]

They changed only my funding as my salary is increased other than that everything is same (my exchange program, my position title and end date all are same as before). Will it have any impact?

[S9471 60]

24 minutes ago, Murali said:

They changed only my funding as my salary is increased other than that everything is same (my exchange program, my position title and end date all are same as before). Will it have any impact?

You should definitely talk to your program sponsor about the waiver - some programs terminate your J-1 status if you receive a waiver. See: https://www.nolo.com/legal-encyclopedia/dealing-with-j-1-two-year-home-stay-rule-exceptions-and-waivers.html

Quote

 

During the first few steps of the waiver application review process, you're safe--your J-1 status will not be affected. However, once the DOS Waiver Review Division makes a favorable waiver recommendation in your case, you are no longer a true J-1 program participant. That will impact your ability to extend your status (as well as to transfer between program sponsors).

You will not be allowed to extend your current J-1 status beyond the end date on your DS-2019. (This comes from the State Department's Foreign Affairs Manual, at 9 FAM 41.62 N10.2) If DOS instead denies your request for a waiver recommendation, you may apply for an extension of J-1 status. (See 9 FAM 41.62 N10.2.)

 

 

[Murali 0]

My university did not change my J1 dates or program code or my title ,  only they changed my salary.

DoS already issued favorable waiver recommendation based on no objection and  now the application is pending for approval at USCIS.

Do you think will it have any problem for my approval?

[S9471 60]

Just now, Murali said:

My university did not change my J1 dates or program code or my title ,  only they changed my salary.

DoS already issued favorable waiver recommendation based on no objection and  now the application is pending for approval at USCIS.

Do you think will it have any problem for my approval?

You need to check with your program sponsor - only they can answer this.

 

Were you planning on extending your J1 later? Are you trying to apply for another status?

[Murali 0]

I am trying to apply for another status (H1B). 

My J1 cannot be extended further as I am in my 5th  year 

[S9471 60]

1 minute ago, Murali said:

I am trying to apply for another status (H1B). 

My J1 cannot be extended further as I am in my 5th  year 

you might be OK but you need to consult with the program sponsor first and foremost to make sure that you are still in J1 status and it's not terminated because you got the waiver.

[Murali 0]

Thanks a lot for your inputs. I hope it will not be a problem.

[RASHAB 2]

On 4/6/2022 at 12:10 PM, Murali said:

They changed only my funding as my salary is increased other than that everything is same (my exchange program, my position title and end date all are same as before). Will it have any impact?

Its okay, I believe. I had received increased fellowship each year during my PhD and the increased funding were indicated in DS2019. As long as your subject, code and role and purpose are same, you are fine, I think.   

[Murali 0]

Thanks

[Angela22334455 0]

Hi,

I was wondering was there any affect on your J1 waiver. I am in the process of transferring my J1 to another institute. I was not expecting my FR to come before the transfer, but to my surprise I got it today. Do you think there  will  be a problem in the waiver if I get a new DS2019? I will have the same period on the new DS2019.

Edited May 13, 2022 by Angela22334455

[S9471 60]

3 hours ago, Angela22334455 said:

Hi,

I was wondering was there any affect on your J1 waiver. I am in the process of transferring my J1 to another institute. I was not expecting my FR to come before the transfer, but to my surprise I got it today. Do you think there  will  be a problem in the waiver if I get a new DS2019? I will have the same period on the new DS2019.

there is not a lot of information on this topic publicly, but... https://isss.utah.edu/forms-publications/documents/J-1-Scholar-Transfer-Out-Policy-Guide.pdf

 

Quote

Can I transfer out if I have received a favorable 212(e) waiver recommendation from the Department of State or if USCIS has approved my 212(e) waiver?
Transferring out to another institution could re-subject you to the 212(e). We would suggest consulting an immigration attorney for more information in this area. 

depending on the program you transfered to, you might be subject to the rule again. check with the program sponsor, check you new DS-2019, and do consult an immigration lawyer who specialized in waivers if you have more doubts...

 

some additional info... Important notes about the 212(e) waiver (https://isss.umbc.edu/after-your-j-1-visit/):

• No additional extension: Once you receive a written waiver recommendation from the US Department of State, you cannot extend the current end date of your DS-2019.
• Transfer after waiver: While not recommended, if you are a J-1 scholar at another institution who has already received the 212e waiver but would like to transfer your record to UMBC, it is possible to transfer the J-1 DS-2019 provided the end date remains the same on the new DS-2019.

Edited May 13, 2022 by S9471

[Murali 0]

On 5/13/2022 at 12:36 PM, Angela22334455 said:

Hi,

I was wondering was there any affect on your J1 waiver. I am in the process of transferring my J1 to another institute. I was not expecting my FR to come before the transfer, but to my surprise I got it today. Do you think there  will  be a problem in the waiver if I get a new DS2019? I will have the same period on the new DS2019.

Hi,

 

My case was approved. In my case, my university only changed funding other than that my program code, end date etc, everything same.  I am assuming as long as you end date and position is same it should not be a problem but check with international office.