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Fulbright and J1 waiver, Mission Impossible?

Discussion in 'General J Visa and Related Issues' started by Greta B., Sep 28, 2005.

  1. nemu

    nemu Registered Users (C)

    Not sure I understand your question.

    I did the no-objection, I did not need government agency support. If you are asking about Fulbright (which is the government agency that sponsored me) then yes, they had favorable recommendation for my waiver and DoS made their decision based on what Fulbright said.
     
  2. lopi65

    lopi65 Registered Users (C)

    Iga

    Nemu,
    Sorry for the misunderstanding. I am looking for other options now and hoping for some help from the Forum. It was very helpful during the last application process. If you dont mind another question? Did you have funding from the Fulbright and if so, was it a lot? I think you mentioned it somewhere, but not sure.

    Thanks.
    Lopi65
     
  3. nemu

    nemu Registered Users (C)

    Yes, I had Fulbright funding, this is why I post in this thread:) It was MA funding for one year, I got funding for my PhD from the university.

    I keep repeating again and again, in my opinion, the key to getting a waiver (my case "no objection") is to prove that by staying you are not abandoning the original goals of the program. From the IGA perspective - you have to argue that US would benefit more from you staying here. Again, you have to build your argument in the context of your original program goals.

    My goal was - intercultural exchange. My argument was - I teach intercultural communication, hence, I continue with my Fulbright goals.

    Other people argued that their training/skills obtained during/after Fulbright are not needed in their country anymore.

    Read this forum, people can not give you advice on your specific case, but if you read carefully what successful stories say - maybe you will get some ideas. Nikovs (if I remember the nickname) was even able to beat Fulbright's objection. It all comes down to whether or not you can prove that you are valuable here. This is the key in IGA process from what I can understand.

    Physicians get wavers if they agree to work in "unpopular" locations. See this there is any way for you to do the same....

    By the way - what did you write in your statement? I wonder if there are any red flags that other Fulbrighters need to learn about.
     
    Last edited by a moderator: Jun 16, 2008
  4. lopi65

    lopi65 Registered Users (C)

    Iga

    Nemu,
    Gosh!! you sound really tired of saying the same thing. But ,thanks. This email siad it all at once. Remember, I wrote my statement the sameway as you had suggested. That "by teaching South Asian History in a minority serving institution, I am in fact continuing the fUlbright goals". I sent my statement to my Fulbright coordinator of the program I was in and she said that it was good and if it were in her power she would approve the waiver.So I thought that it was right. But then it did not seem right.
    I am so worried, and just looking for other alternatives.

    I apologize for the inconvenience.

    Lopi65
     
  5. nemu

    nemu Registered Users (C)

    Well, we all knew when we signed up that there is a 2 year rule and that getting a waiver for Fulbrights almost impossible. Maybe IGA route will work out for you.
     
  6. ACE67

    ACE67 New Member

    Its COMPLICATED!

    Hello all

    Well, where do I began? My wife is a fullbrighter who was here on a 2 year MA J-1 visa funded by the DOS, who has just finished her MA and went back home. We have applied for the waiver and have received the NOL from her home country and were waiting on a responce. I am an U.S born citizen of the same middle eastern descent who is currently employeed in the medical field and working on an additional degree. Her personnel statement mainly focused on the need for her to stay here and receive hands on training through employement in order to return to her home country and enable her to accomplish her mission adequately. Some mention of me was made in the letter in terms of extending her 2 year residency requirement to a later date, allowing me ample time to finish my additional training. Can anyone offer any insight into the situation, wheither it be any similiar situations, any suggestions or what may be our chances of obtaining a waiver?
    Thank
    ACE
     
  7. jula258

    jula258 Registered Users (C)

    I do not want to discourage you but I would like to say that I have a feeling that nobody looks at your documents or statment of reason at DOS. They just see the word Fulbirght and reject majority of cases right away. From my research, I found out that maybe only 3% of people or so get the NOL waiver. It does not matter how strong your case is....It will take lots of your time while they process your docs, just becuase they do not have enought people there, not less than 6-8 months - but chance of a positive outcome is very very low.

    If time is matter for you, try other types of waivers right away: interested governmental agency or hardship.
     
  8. lopi65

    lopi65 Registered Users (C)

    Fulbright ???

    Jula is right. I was in a similar situation and after five months wait was denied a waiver on NOL. The statement was good since my Fulbright coordinator was of the opinion that it was. So I think the DOS does not read any statements and depend entirely on the sponsor views, who in their turn does not read the paperwork and just denies the waivers based on No-objection.

    So other options should be research instead of wasting time and money.

    Good Luck.

    Lopi65
     
  9. nemu

    nemu Registered Users (C)

    ACE67 - if you honestly wish only to postpone the time when your wife fulfills the 2 year requirement, your wife can try another student visa. Since you are married she is in a bit of the difficult situation as she will be seen as having an intention to immigrate. Still, worth trying.

    You guys are absolutely right about DoS relying on the sponsor views. Although nikovs case proves that DoS sometimes goes against the sponsor views.
     
  10. Rakesh_ran

    Rakesh_ran Registered Users (C)

    Nemu

    Thanks for your postings, very helpful and informative.
    I came to the USA with Ford Foundation funding and did my MA then I have joined a PhD program in a different university. I am trying to understand- if I apply for 2 years HRR waiver based on the NOC, will USNIS/DOS seek sponsor view from the Ford Foundation or the Current University I am in?
     
  11. nemu

    nemu Registered Users (C)

    I would say Ford Foundation.
     
  12. Rakesh_ran

    Rakesh_ran Registered Users (C)

    Thanks Nemu for your instant reply.

    I would also like to understand one more fact:

    In my case University renews my DS every year (it will be renewed for another 2-3 years as I am in a PhD program).

    If I apply for the waiver to the DOS, will it seize my chance of DS extension or I can not extend/ renew after getting waiver. In another word only application seizes the chance of extension for granting waiver?
     
  13. nemu

    nemu Registered Users (C)

    I am not sure about this. I have heard rumors that applying for a waiver shows immigrant intent therefore your non-immigrant status may be in jeopardy.

    My advice - get your DS extended, then apply for a waiver.
     
  14. Rakesh_ran

    Rakesh_ran Registered Users (C)

    Thanks Nemu for the reply.

    I am thinking that first I will finish my PhD and during the time of Academic Training I will apply for the waiver.

    What is your thought on it??

    I have a feeling that my previous sponsor will not support my waiver and will give a negative view. On the other hand, my PhD research is aiming at fulfilling the goal of the sponsor: international cooperation and social justice issues (I am researching on Indian issues and field site is also in India). I have a strong argument that being here in the US and continuing my research (even after PhD) will help my country as well as international community. I am also engaged in teaching this subject in the university.
    [Ford Foundation is a private funding org but program of fellowship is being managed by the IIE, that’s why my case seems like Fulbright]

    Against this backdrop, what will happen if my sponsor gives negative view but my statement of reason is effective and very strong? Will the DOS consider my argument?
     
  15. nemu

    nemu Registered Users (C)

    In most cases DOS goes with the sponsor views. Read this forum - nikovs story is the only example that I know where DOS ignored sponsor views. I applied for my waiver at the end of my PhD program.
     
  16. ACE67

    ACE67 New Member

    So, my wife's waiver was denied. Not favorable recommendation. She has 17 months left. I tried living overseas with her but my field of employment is pretty non-existent. I would like to apply on the basis of hardship (I-612). My hospital based employer is offering to write me a letter detailing my importance to our organization based on my speciality and training. Can anyone offer any insight?

    My wife is also pregnant. We are planning on having the baby here and then go back for the remainder of the time. Can anyone tell me if I should apply for hardship now or wait until after she has the baby? As this may complicate her chances of coming and having the baby here.
     
  17. Concerned4us

    Concerned4us Banned

    There were too many inconsistencies in the account you gave of her personal statement. See a lawyer to see if the situation can be salvaged.
     
  18. stanleywu

    stanleywu New Member

    Hi, everybody,

    I am a Fulbrighter from Hong Kong. I came here in September 2008 and will go back in July 2009. Do I still have time for waiver?

    Thanks.
     
  19. Batcan

    Batcan Registered Users (C)

    I am wondering if it is possible at all to change the country of permanent residency. I am a permanent resident of another country then the one provided me Fulbright. Has anyone changed the 2 year rule country in any shape or form?
     
  20. vectorP

    vectorP Registered Users (C)

    ACE67:

    It looks like you wife is not US citizen and you do not have a baby at this time, so you can NOT apply for J1 waiver based on the "exceptional hardship".

    To apply for exceptional hardship J1 waiver, you need to prove that if returning to your home country would impose “exceptional hardship” on you, your spouse who must be a U.S. Citizen or Permanent Resident, or your child.

    You may be eligible for a hardship waiver, if you can provide evidence in following situations: your immediate family would be forced to separate as a result of the home residency requirement; you have to return to a war-torn country, or your family member may suffer from a disease for which treatment is not available in the home country.

    Also see http://www.greencardapply.com/question/question07/question07_0703.htm, and http://www.greencardapply.com/j1.htm
     

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