Veronikac

21 minutes ago, Bel la said:

Hi all, I have a big issue I will need your help. 
 

I came to the US on a J1 visa funded by Fulbright. I need a waiver but unfortunately my program ended 3 months ago and  visa/DS-2019 has expired since June. 
 

I need to obtain a J1 visa but I am at a loss to either get a No Objection Statement or Hardship waiver as my spouse who is a US citizen has a bit of disability (deafness).

 

I realize that both waivers will need the sponsors view so which waiver do you think I should apply for that won’t be denied due to my overstay. 
 

Thank You all. 
 

I personally think that you should talk to a lawyer regarding this issue. I do not think that they are looking on an overstay when you are applying for the waiver (just my opinion). But the Fulbright would be an issue, at least based on others which I saw in the discussion. Fulbright seems to be very strict with sponsor views and in majority of cases they are not providing favorable recommendations. Maybe lawyer experienced in J1 waivers will be able to to tell you with which waiver you will have a better chance and if you have strong enough case for the hardship waiver. I assume that once you will get a waiver, your spouse will sponsor you for a green card and then the overstay will be forgiven since she/he is a US citizen. Maybe somebody more experienced with Fulbright funding will be able to comment on your question. Good luck!

10 minutes ago, V.T. said:

Hey, thanks for the insight! I believe I submitted everything needing to be submitted.
This is what I see when I check my status.

You are right, it looks like they have everything needed. Did you try to contact DOS? You can maybe push them a little bit by sending email to the available email address. Also you could contact your senator or congressman to ask for help with your case if you are currently in the U.S. They are usually able to help when dealing with USCIS but I believe that they can contact DOS as well. 

3 minutes ago, V.T. said:

Hello everyone,
Does anyone have any experience with 10+ months wait/processing times?
I submitted my application in September 2020. The Department of State website showed documents received in October 2020.

It's been a 10 month wait, and I am getting kinda worried...
Please share your thoughts/experiences!

10 months is pretty long waiting time. Can you see on the DOS website that they received everything what is needed - also the no-objection letter from your embassy if your case in no-objection? Do you have any government funding involvement in your case? My case took around 8 months back in 2020 but I was funded by the U.S. government which make it more complicated and sponsor views needed to be requested at that time.

25 minutes ago, ClarissePortugal said:

Hi there,

 

How long after doing your biometrics did your case was updated to "fingerprints applied to your case"?

And also, how long did it take for it to be approved by FBI?

 

I did my bio recently and they had a hard time taking them (since im a pianist) so I'm scared that the FBI won't be able to read it and that they ask me to go for a 2nd appointment...

 

Any advice!

 

Thanks

Hi, 

I did my biometrics recently (July) and I was also worried because they had a difficulty to obtain my fingerprints during the appointment. Only 2 of my fingers were green and the rest had orange/yellow warning. However, 8 days after the biometrics I got update on my I-485 form that my interview is ready to be scheduled. This mean that my fingerprints were sufficient for the FBI background check. I never received any update on I-765 or I-131 forms that fingerprints were taken.

In worst case, you will get a second invite for fingerprints. If even after the second appointment, they will not get sufficient fingerprints, you will normally moved forward in the process to interview and you will be later on asked to provide police clearance from places were you lived in last 5 years.

4 minutes ago, ClaytonandKierra said:

Hi-

 

We've been checking My USCIS account and have called USCIS.

 

We still have not recieved the biometrics appointment. It's been 2 months and feel like this is not a normal timeframe. We're in Houston.

 

Anyone else in the same boat? 

 

 

 

TIA

 

Kierra

 

 

Biometrics can take a while. I just received my letter yesterday after 7.5 months of waiting (FO is Baltimore, MD). The timeline mainly depends on your local office. You can try to find people from your area and estimate when will be your turn. In most cases, there is no change in your online status when biometrics are scheduled, you will just find mail in your mailbox. Status will be updated after biometrics will be taken. You can sign up for USPS informed delivery which will help you to track your letter. 

1 minute ago, john2295 said:

so if i get a h1b visa. my spousal visa in pending will still work once i get to the interview part ? so if i pass the interview part for the spousal visa after i get the h1b visa would i still be aloud to get the spousal visa even though im on a h1b visa?

I do not have any experience with this but if you are close to your spousal interview, I think that will be just easier to wait that interview instead of applying for H1B. Once you will receive your green card you can use it to work for the company which wanted to sponsor you for the H1B. It looks like there are a long waiting times for nonimmigrant visas.

3 minutes ago, john2295 said:

im only in spousal visa pending at the moment. waiting for the nvc to accept my last civil document to get my interview

I am sorry, I did not realized at first that you are on spousal visa. I was thinking that you are doing AOS. Sorry for that. Yes, there should be no problem with you getting H1B since it is a dual intent visa. I do not think that you should have a problem during the spousal visa interview. 

1 minute ago, john2295 said:

i dont get it 

Do you currently have any legal status in the US (like B1, J1, O1, F1) or are you only AOS pending?

7 minutes ago, john2295 said:

so lets say i get the work permit from the us employer and couple weeks later i get approved for my spousal visa. wont they ask questions to why im already in the us ? also when i get approved for the spousal visa wont that mean id have to terminate my work permit since ill be on a different visa ? or am i aloud to be on both at the same time?

Just be careful, if your H1b petition will be approved, you will have to leave the US and do a consular processing do get the H1B status if you are not currently in any legal status (such as F1, J1.....). If you are not in a legal status, you cannot proceed with change of status in the US. If you do not have an advanced parole, you cannot leave the US without abandoning your AOS application.

I can finally also report some updates. I received today my biometrics notice for July 19. I am excited that my case is finally moving after7.5 months of waiting. My PD is November 16, 2020 and my field office is Baltimore.

6 hours ago, RD07 said:

Thank you for that information. I checked with USCIS and they say 4-6 months is the processing time for the I-612 approval. I am a bit surprised because everybody here appears to be getting the approval within 3 weeks. Do you mind sharing how long it took you to get the USCIS approval for the J1 waiver after they received your case from the DOS?

Based on the DOS timeline, the DOS favorable recommendation was issued and send to USCIS on July 28, 2020. USCIS approved my case on August 7, 2020. I did receive the USCIS hard copy approval approximately two weeks after. I received the DOS hard copy after I received the USCIS hard copy. The USCIS approval was pretty fast for me, but my waiver was pending over 6 months with DOS.

7 hours ago, RD07 said:

Hi, I just wanted to ask whether it is possible to get the Adjustment of Status approval without the J1 waiver in hand?

I just saw your previous message that the DOS already approved your waiver and now you are waiting for the USCIS approval. You can try to chat with Emma on USCIS website and connect to a live agent to ask about your case. However, if you are waiting for the USCIS approval to be able to apply for AOS I think that just the DOS approval is sufficient for the initial AOS application

6 hours ago, RD07 said:

Hi, I just wanted to ask whether it is possible to get the Adjustment of Status approval without the J1 waiver in hand?

Hi, I am not sure what exactly means not have a J1 waiver in hands - does that mean that it is not approved yet or it is approved and you are just missing the hard copy?

In the case that the waiver is not approved, you will probably receive RFE before interview to provide the proof that you have waiver or they will ask for it during the interview. In case your waiver is not approved until that time, you will be denied AOS because you are ineligible to adjust status. 

In case you do not have the hard copy but your waiver is approved, you may be able to explain it to the officer with a screenshot of the USCIS case tracking, saying that waiver was approved and the approval letter from DOS.

I am not a professional and the above is only based on my opinion. You should contact a lawyer to get more accurate question.

I personally applied for AOS once I had the waiver approval from USCIS in my hands and I included it in my application.

On 4/30/2021 at 6:13 PM, JMCPMT said:

 Although I'm still waiting for the hard copy of the waiver, I received the notice of approval from USCIS today. My timeline:

 

June 20th: Started case

End of September: Requested NOS

Early November: NOS sent

November 22: NOS received by DOS

Contacted DOS multiple times (through lawyer and senator), DOS continually said case was complete and pending adjudication (this was wrong, as the sponsor views hadn't been set, but at the time I thought they were saying the truth)

February 7th: J1 visa expired

March 7th: Grace period ended, but since my employed filed for the H1B before, I could stay legally (but not work)

late March: lawyer was suspicious, so we checked with my original sponsor (NIH) and they said they had never been contacted.

March 17th: Senator wrote to DOS to have them request the sponsor views

March 18th: DOS sent the request

March 23rd: NIH was very fast and sent the sponsor views

March 28th: DOS received the sponsor views

April 6th: DOS status shows FR

Received letter of receipt from USCIS

April 27th: Case status shows approval

April 30th: Received letter of approval from USCIS

TBD: Hard copy of approval

 

French citizen, worked for government (NIH), then JHU, and then UAB offered to sponsor for H1B.

 

Tried to be meticulous in all the details, hope it helps

 

 

 

 

Hi, 

I just wanted to ask you one question. I was in very similar situation - worked first in NIH under J1 visa and then transferred my J1 sponsor under public research hospital. I was just curies if you also did NIH to JHU J1 sponsor transfer and if so weather your updated DS2019, received after your sponsor transfer, had the two years market there as government funding?

31 minutes ago, Chany said:

Hello, I filed I-751 since January 12, 2021. Received my NOA on Feb 27 but still hasn't received Biometric Appointment Notice and it's been over 3 months now. Does this happen to anyone? I'm trying to contact them by the phone, sent e-request but has no luck. They never response.  Any suggestion is much much appreciated here. Thank you!

Unfortunately that is the current reality. I am waiting for biometrics appointment (AOS) from November 16, 2020. I saw many people also from September 2020 (even earlier months) still waiting. There is a huge backblock for biometrics and the scheduling depends on availability in your local biometrics office. I would think that they will use your previous biometrics (from your AOS) and applied them to your current application.

1 hour ago, parulg said:

Hi Veronikac, Thanks a lot for your very helpful response. My sponsor is the university itself (Just states the name of the university). Does that help provide any additional guidance based on what you have seen or heard?

 

If anyone on the forum has experience with NSF and their policy would appreciate guidance. I looked on their website and they have information on how to proceed if they are be be the IGA but nothing on No Objection Statement path.

 

Thanks!

I personally think that it depends if your university is disclosing the source of the government funding to DOS during the J1 visa application. If they are just saying that you are paid my the university, then you will not be subjected to the HRR, if they are disclosing the specific funding, you will probably be subjected to the HRR because of your partial NSF funding. Look at this old discussion where one person is explaining this theory and was also funded by the NSF https://forums.immigration.com/threads/212-e-in-j-1-visa.170847/

I will really recommend to apply for the advisory opinion to be sure.

Hi parulg,

What is your sponsor on the DS2019 and what is the program number? You should also check weather your home country have a skills list because you can be subjected to HRR not only because of government funding but also based on skills list. The visa is not direct indicator of the HRR - sometimes it is marked in error ( I saw a lot of cases like that in multiple online discussions).

To be 100% sure that you are or you are not subjected, you should apply for an advisory opinion trough DOS.

Regarding your two questions:

1. I am not sure regarding this. Some sources are saying that even partial government funding will subject you to the HRR. However, other sources are saying that if your lab (your PI) is the one getting the government fund and not you directedly, you should not be a subject. I think that the only way to know for sure will be the advisory opinion.

2. It is possible to obtain a non objection waiver when you had government funding. I was on J1 founded by the US government (specifically NIH) and I was able to receive the non objection waiver. You will request the no objection letter from your embassy and apply trough DOS for your waiver. Then DOS will request sponsor views from the government agency and if the government agency agrees with you getting the waiver, they will issue a favorable recommendation to DOS. I am not sure how complicated will be to receive the favorable recommendation in your case (not sure if NSF will be willing to give the recommendation). In my case NIH has very clear policy regarding waiver and if you fulfill all their requirements, they will have no problem to issue the favorable recommendation but again I am not sure if it will be as smooth with your agency. I know that for example government funding coming from Fulbright is very hard to overcome and it is nearly impossible to obtain the waiver when you were funded by Fulbright scholarship - this mean that the success of the waiver depend on the individual US government agency which provided you with the funding.

7 minutes ago, Skyman said:

Some seem to get biometrics appointments soon after but we got our I-693 deficiency the 19th of February and still nothing.  Good luck!

Thank you. Lets see how soon I will get the biometric appointment. Good luck to you too!

I have an update for my case. I received today the I-693 deficiency notice. I am still waiting for my biometric appointment.

11/12/2020: Package (I-130/I-485/I-765/I-131) mailed via FedEx

11/16/2020: Package received at Chicago Lockbox

12/14/2020: My lawyer and me received all receipt notices by mail

03/29/2021: Received I-693 Deficiency notice

On 3/17/2021 at 7:10 AM, neo_ny said:

Congrats!  You seem to be the only one in this thread with updates!  We are still waiting for biometrics, anyone got any updates?  Which is your FO?

No updates for me. PD 11/16/2020 and still waiting for biometric appointment.

5 minutes ago, SchengenDiversity said:

Thank you so very much! If I am going to adjust status. So my number is EU59XX, I quickly asked my employer to allow me to travel back to my country but then the ban got extended, then cancelled, now the Schengen ban, they haven't even asked me for my documents yet (I sent DS260 at the very very end of December)... My head might explode any minute. 

Thank you so much for the information, do I need to prove I waited the 90 days after entering the country with the J1? I know with the K1 I had I didn't have to wait but because that was the purpose of the visa (this was two years ago and we broke up in the end)

There is no reason to wait for 90 days. Also make sure that your J1 is not coming with two years home residency requirement.

I am also November 2020 filler (November 16) and no biometrics appointment letter yet. 

6 minutes ago, Ola87 said:

I honestly have no idea on how to contact them. 

I have a friend that got Fulbright waived without sponsors view though - I think, it’s a case by case basis 

I see. Do you know somebody who got favorable sponsor views from that specific sponsor? 

From my personal experience and based on all the stories here, I think that majority of the people with government funding applying for no objection waiver went trough sponsor views request, not sure what was yours friend specific situation. 

I hope that you will be successful with your waiver!

4 minutes ago, Ola87 said:

Mandela Washington Fellowship program - is that what you are asking? 

At least it is not Fulbright program, which will be more difficult. Does this fellowship program have some internal rules regarding waivers? I was also funded by the US government (NIH) and they had specific rules regarding obtaining the favorable sponsor views. I think that it was a good decision to hire a lawyer, hopefully he/she will be able to help in case of some problems. I assume that you know what will be the steps of the process. DOS will request the sponsor views from your sponsor and then they will be waiting until they will receive favorable or unfavorable response. Follow the recommendations of your lawyer but it will not be maybe a bad idea to talk to your J1 sponsor and prepare them for getting the sponsor views request.

5 minutes ago, Ola87 said:

Hi all, 

 

I got a 6 weeks US Government funding exchange program in 2019, after which I returned to my country immediately after the program without extending my stay. After 5 months in Nigeria, I got a scholarship for my PhD in the United States and I’m currently on F1 visa. A year into my PhD program , I got married to a USC medical doctor. 
 

We’re currently applying for a no objection waiver through a lawyer. 
 

I am wondering if anyone is in my shoes - my F1 visa is still valid till November 2021 while my I20 is still valid till 2024. 
 

do you think this would be approved. 
 

the process started in February 1st 2021 but no update yet. 

What was the source of US government funding?