J-1 waiver approval notice lost (I-797C), alternative evidence for consular processing

[WaiverFinder 13]

Hi,

 

My approval notice for the J1 waiver is lost. Department of State never took into account my address change. As a result, USCIS used an old address to send the notice. Luckily, the USPS redirect that I've arranged worked for redirecting the receipt of the case, but looks like it failed for the actual approval. As a result, I have my case number with USCIS and I can see on their website that it was approved (mid November 2021), but I don't have the physical approval notice nor a digital copy of the approval notice.

 

I tried obtaining a physical copy by:

1. inquiring at USCIS to resend the physical copy because it was lost (actually I have no proof that it was send). They replied saying that they indeed approved the case and that they sent an approval which was never returned USPS. I did this twice and got the same answer.

2. using FOIA (Freedom of Infromation Act) which resulted in a similar answer.

 

As my next step is consular processing for obtaining the green card (I-140 based on EB2-NIW approved), I'm asking if either of you had any experience with providing alternative evidence (during the interview I guess) for the waiver. I was considering the following evidence:

(a) copy of the receipt notice with USCIS,

(b) various screenshots from the DoS portal (waiver was based on 'No Objection') and from USCIS portal with my case status

(c) e-mails from USCIS confirming that the case was approve (resulted from interactions 1. an 2. above)

 

Ultimately, I know I can try filling I-824 and wait between 2 and 23 months (and only for a mere $465) to get a copy of the approval. I find this solution the ultimate definition of red-tape -- at the end of USCIS will be the one consuming the document that they issued (unclear if they mailed it or not) and that is lost.

So far, I asked 3 attorneys and two of them suggested that I should get a physical copy and another one suggested that it might be enough with the evidence above.

 

Thanks

Edited April 27, 2022 by WaiverFinder

[J2020 81]

Did you end up filing 824 for a duplicate?

[WaiverFinder 13]

11 hours ago, J2020 said:

Did you end up filing 824 for a duplicate?

Yes, I did. It's been almost 5 months since the check was cashed and since I received the confirmation receipt. Since then, no updates. It looks like it takes more than 5 month to issue the duplicate. The current estimate time for processing I824 is about 12 months. 

 

Meanwhile, my visa interview is scheduled for October, so probably it won't arrive in time. I hope the interview will go well without me needing to show the waiver on paper. 

Edited August 29, 2022 by WaiverFinder

[J2020 81]

3 hours ago, WaiverFinder said:

Yes, I did. It's been almost 5 months since the check was cashed and since I received the confirmation receipt. Since then, no updates. It looks like it takes more than 5 month to issue the duplicate. The current estimate time for processing I824 is about 12 months. 

 

Meanwhile, my visa interview is scheduled for October, so probably it won't arrive in time. I hope the interview will go well without me needing to show the waiver on paper. 

What date did you file the 824? 
 

im waiting as well. You can use your interview date to expedite because 824 takes so long and I think you will need the original approval notice 

[WaiverFinder 13]

7 hours ago, J2020 said:

What date did you file the 824? 
 

im waiting as well. You can use your interview date to expedite because 824 takes so long and I think you will need the original approval notice 

I filled beginning of May. 

 

What are you basing your advice on? Looking through the forum, getting the expedite approved seems next to impossible, and having the interview seems not to be a valid reason. In addition, someone was mentioning that the interviewing officer already has access to some of your docs. My DS260 specifies the case number at waiver case at USCIS. Sure, I can try, but I'm really discouraged at this point as I spent too many resources on this process. 

Edited August 30, 2022 by WaiverFinder

[J2020 81]

1 hour ago, WaiverFinder said:

I filled beginning of May. 

 

What are you basing your advice on? Looking through the forum, getting the expedite approved seems next to impossible, and having the interview seems not to be a valid reason. In addition, someone was mentioning that the interviewing officer already has access to some of your docs. My DS260 specifies the case number at waiver case at USCIS. Sure, I can try, but I'm really discouraged at this point as I spent too many resources on this process. 

I was just told by other members that they require the original approval notice in the interview. 
 

you can try to expedite because of the interview appointment, it might get approved. I see many requesting an expedite for work and health reasons and their 824 got approved. You can try to submit the expedite with evidence of your up coming interview information 

[WaiverFinder 13]

On 8/30/2022 at 11:58 AM, J2020 said:

I was just told by other members that they require the original approval notice in the interview. 
 

you can try to expedite because of the interview appointment, it might get approved. I see many requesting an expedite for work and health reasons and their 824 got approved. You can try to submit the expedite with evidence of your up coming interview information 

One week ago, I've requested to expedite the decision on I-824. It was swiftly denied.

Edited September 3, 2022 by WaiverFinder

[JBRE22022 37]

@WaiverFinder I have two considerations here. The first one is, if you're living in the US, try checking the USPS branches responsible for handling your mail, and in your case it is worth checking the old and new address. You can search at https://tools.usps.com/find-location.htm and entering the address. It will usually be the closest one to your address, but you might try checking the other ones as well. I had an EAD which was sent by USCIS and they provided no answer to my inquiries, but indeed arrived at my place three months after with a postmark around the date it was approved. So it sat all the while in the post office. I think some USCIS mail is flagged as signature or hand deliver and when the postperson cannot find anyone at the address they return and keep at the location.

The other is that this looks like a case for the USCIS ombudsman, have you tried contacting them? I think any proofs of contact that you present will be helpful to make the case at the consulate. 

[WaiverFinder 13]

On 9/9/2022 at 11:46 PM, JBRE22022 said:

@WaiverFinder I have two considerations here. The first one is, if you're living in the US, try checking the USPS branches responsible for handling your mail, and in your case it is worth checking the old and new address. You can search at https://tools.usps.com/find-location.htm and entering the address. It will usually be the closest one to your address, but you might try checking the other ones as well. I had an EAD which was sent by USCIS and they provided no answer to my inquiries, but indeed arrived at my place three months after with a postmark around the date it was approved. So it sat all the while in the post office. I think some USCIS mail is flagged as signature or hand deliver and when the postperson cannot find anyone at the address they return and keep at the location.

The other is that this looks like a case for the USCIS ombudsman, have you tried contacting them? I think any proofs of contact that you present will be helpful to make the case at the consulate. 

Two points here. 

 

First I no longer live in the US. In addition I've subscribed for informed delivery as well I had paid USPS for redirecting especially for this case. Aparently this didn't work for the approval. 

 

Second, I will be lazy on this and skip the ombudsman path. My understanding is that ombudsman is suppose to deal with systematic problems, this doesn't seem to be fundamental to the system. Without discouraging anyone, I do not think this approach is worth my effort. All of the above are personal opinions 😁. 

[WaiverFinder 13]

Updating this post because I reached closure. 

 

I recently had the visa interview and during the interview, the officer was able to find the approval of the waiver in the DHS system. He asked if I had the waiver on file. I said that I don't know as the waiver was never asked to be submitted. He then proceed and checked in his system and found it and that's that. 

 

I just want to mention that on my DS260, I wrote that I obtained the waiver and included the USCIS case number too. That may have helped. 

 

On a different note, the request for duplicate is still pending, and the current wait time is more than 1 year. I guess I just made a donation to USCIS by filling the I-824.