J-1 Waiver as Former High School Student

[KurosawaSan 52]

Back in 2008-2009 I was part of a foreign student exchange program in an American High School (FLEX - https://exchanges.state.gov/non-us/program/future-leaders-exchange)- it was funded by the US Department of State (~$15,000).

Since then, I returned back for about 15 months, and then returned back to study at University of Wisconsin on F-1. After the completion of my studies, I got a full-time offer at Facebook, and accepted it - the immigration lawyers here applied for PERM and all related green card paperwork.

Because I was subject to 2HRR, I applied for a waiver based on No Objection, and my embassy has already provided that - I submitted everything to DOS and am now waiting for the results.

Anyone here obtained a waiver under similar circumstances? What is the likelyhood of me getting it?

I hear that there might be complications because it received US funding.

Thank you all for your help!

[sofyab 2]

Another FLEX here

I've heard that its extremely difficult to get a waiver for the U.S. Department of State sponsored program. However, you only have 9 months of your 2YHRR left, so that might help.

Best of luck

[KurosawaSan 52]

Yep, still waiting on the results - I hope that a lot of the case details are in my favor - nervous to sit and watch the status.

@sofyab - did you end up waiting 2 years?

[Coco8 1,039]

Hi! Did you get any results? I'm in a similar situation but I have almost 0 time in my home country.

[KurosawaSan 52]

@Coco8 currently still waiting for a DOS decision. What program were you on and in what year?

[SHR_@ 0]

Hi there! I am also a former FLEX student. Have you received a response yet from DOS yet? I have applied as well and a little worried that it might get rejected. Thank you! 

[sofyab 2]

Received my K-1 visa today. They didn't ask anything about 2 year home residency. So so happy!

I hope your petitions will be approved, best of luck to you!

[KurosawaSan 52]

@SHR_@ my application got denied because it had government funding involved. If you are FLEX, it's 100% it will be denied.

[SHR_@ 0]

@KurosawaSan: Thank you so much for your response. Yes, I am a former FLEX student. I applied for a waiver and my government has already provided their No Objection statement. Someone already mentioned something similar to me, which is why I have been so worried. Do you know why they deny it especially after the NB statement is issued by the home government? Do you have any insight? Did you also apply under No Objection base? I would greatly appreciate anything I can learn to help my case. Thank you again!

[Umka36 781]

 

@KurosawaSan: Thank you so much for your response. Yes, I am a former FLEX student. I applied for a waiver and my government has already provided their No Objection statement. Someone already mentioned something similar to me, which is why I have been so worried. Do you know why they deny it especially after the NB statement is issued by the home government? Do you have any insight? Did you also apply under No Objection base? I would greatly appreciate anything I can learn to help my case. Thank you again!

The OP states the denial was due to government funding.

 

"(FLEX - https://exchanges.state.gov/non-us/program/future-leaders-exchange)- it was funded by the US Department of State (~$15,000). "

 

[KurosawaSan 52]

@SHR_@ as @Umka36 mentioned, it's because of US Govt funds. In those cases, the No Objection statement doesn't matter because your home government is not the one sponsoring your program - they may not object, but DOS does.

[JJ379 0]

Hi,

 

I am also a former FLEX.  Is there no way, we might get approved? Is there a chance it could be case by case? Or would you think it's a definite NO on all former FLEX participants?

 

Thank you!

[Coco8 1,039]

16 hours ago, JJ379 said:

Hi,

 

I am also a former FLEX.  Is there no way, we might get approved? Is there a chance it could be case by case? Or would you think it's a definite NO on all former FLEX participants?

 

Thank you!

It won't be approved. 

 

If you want to study and get an F1 visa, that would be fine. But there is no way you'll get a waiver for a green card. You also don't qualify for an H1B visa because you have no college education.