waiver_throwaway

23 hours ago, J1toH1 said:

Did it show online as approved on USCIS status check page? Thanks for sharing the information!

It did, yes. No problem! Glad to help.

On 4/12/2020 at 6:59 PM, J1toH1 said:

Did you get the USCIS approval notice? How long did it take after DOS recommendation update online? Congrats anyway!

Hey J1toH1,

Yes,  I got the approval notice this past weekend; it's dated April 6th.

DoS sent recommendation on March 23rd, so 2 weeks.

On 4/9/2020 at 12:58 PM, Dev1971 said:

Hi 

Thank for your reply. It helped. Though till today I haven't received the DoS letter. But I have received USCIS notice letter on my mail today, notice date April 1 as well. It is a relief that USCIS has my correct address. Yes, you are right that USCIS is the final authority. So I will wait for the final approval from USCIS. 

Thanks

Hey Dev,

One last update: I got my Approval Notice yesterday! Also, I'll be damned, but my favorable rec from DoS ended up coming lol I checked the tracking again and it was picked up by USPS on April 7th, even though the rec was sent March 23rd. So yours may be coming your way soon! Nice to have as we talked, but Approval Notice is all that matters anyway.

Good luck everyone who's still on this journey! It will all work out out in the end. 🤞

2 hours ago, Dev1971 said:

When do you receive letter from DoS, is it in the same envelope (self addressed) that we sent along with application? I haven’t received DoS letter yet and it has been 12 days after they made Favorable Rec in website, so I am worried about the address I wrote in those envelopes is correct or wrong. But I am quite sure that the address were correct. (i sent standard mail envelope). Please answer me since many of you received the letter before.

Hey Dev1971,

Yesterday I finally got my receipt notice from USCIS. It was issued on April 1st, but the thing is my address was wrong: my street number is 2105 but they entered 2150 lol... I assume there's some manual data entry in relaying the info to USCIS. That fortunately caused an NSN and USPS managed to re-route it to my address.

I never got the DoS letter, don't think I ever will. I had tracking labels on both documents, but they have not been scanned to this day so doubt either was sent. I took pictures of the address I wrote on the envelopes and confirmed it was written correctly (and confirmed the same on DS3035). I assume they never sent me those envelopes, maybe the size or postage was wrong, not sure...

Rest assured though, that's not needed for the embassy interview/change of status: USCIS has final authority and their approval notice is all that's needed; friend of mine never got his DoS letter either. So, I recommend calling USCIS and asking for your case number; form number for waivers is I612. If they messed up your address you should be able to resolve with USCIS; if neither budges recommend you seek help at your representative's office.

On 4/1/2020 at 8:46 AM, J1toH1 said:

 

No, you won't be able to apply for H1B before you get the actual USCIS paperwork for the waiver. You can start preparing the required paperwork for H1B application in the meantime, but you will have to wait for the final waiver document before you file your application. 

IANAL but this is not entirely accurate.

It is correct that you cannot apply for H-1B under Adjustment of Status without a J-1 favorable recommendation, but once that's issued you may go forward with your application and USCIS will adjudicate both jointly: http://forum.murthy.com/topic/73140-h1b-filing-with-dos-favorable-recommendation-urgent/

You can most definitely apply for an H-1B Consular Processing without even having started your J-1 waiver process. My lawyers did that for me, but I cannot go to a Consulate or Embassy to apply until I receive the J-1 waiver approval notice from USCIS (and until rona is over cuz no embassy taking apps rn lol). Same was done for a friend, and here's another data point: https://translate.google.com/translate?sl=auto&tl=en&u=https%3A%2F%2Fwww.iflychina.net%2Fforum%2Ftopic%2F128571

(Search for Jack Ma's comment.)

Not legal advice and you should always consult your lawyer(s) before making any decisions, ofc. Best of luck!

52 minutes ago, Dev1971 said:

Hi 

Can anyone help or answer to his situation ?

I'm in the same situation as you. I got my favorable rec on March 23 and have not yet received either DoS or USCIS letters. The SASE I sent DoS had tracking labels and those have not been scanned, so not sure if they were ever used... My case is not urgent, so I'll give it another week and reach out to their email if I don't get my DoS recommendation letter/USCIS receipt notice.

If that doesn't work after a few tries the best course of action imo is reaching out to your congressional representative office for help: https://www.house.gov/representatives/find-your-representative

I'll keep watching this thread and will report back next week if I get either document, but seems unlikely to happen at this point. lol