J-1 No objection waiver: 3 months with no update

S

seekingj1waiver

Registered Users (C)
I'm applying for a J-1 visa waiver of the 212(e) 2 year rule on no objection grounds (NOS). Initially, there was a delay as I sent a very short Statement of Reason. I sent in what I think is a very thorough letter which the DOS received in early February. Please see the time line posted below. Three months later, nothing has happened and I am getting very anxious. My visa will expire in 6 weeks now. I have called the Public Inquiries Division several times, they have not been able to give me further information and tell me to wait.

In the mean time I am working at a company on academic training. I'm looking into transferring to another country soon as it is seeming increasingly likely that there will be no decision until it would be too late to transfer to H1-B. I already applied for the H1-B "lottery" and can apply for the visa once I have the waiver.

Question: Is it normal or usual to have a 3 month period where no progress happens on a NOS case at the DOS ? Is there anything that I can do ? Does the long wait make it more likely or less likely that DOS will approve ?

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Status timeline:
Department of State Decision: Pending

Item Action Date
Statement Of Reason Received February 03, 2011
Request for Sponsor Views Sent February 03, 2011
Sponsor Views Requested February 03, 2011
Incomplete Information Letter Sent January 05, 2011
No Objection Statement Received December 23, 2010
Fee Received December 13, 2010
Form DS-3035 Received December 13, 2010
Form DS-2019 Received December 13, 2010
Passport Data Page Received December 13, 2010
 
Same situation

I applied for the waiver on the grounds of a NOS in November 2010. But the sponsor views for my case is taking forever to reach DOS. This application process is so frustrating!

Good luck and stay positive! ;)

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Status timeline:
Department of State Decision: Pending

No Objection Statement Received January 05, 2011
Request for Sponsor Views Sent January 05, 2011
Sponsor Views Requested January 05, 2011
Fee Received December 02, 2010
Form DS-3035 Received December 02, 2010
Form DS-2019 Received December 02, 2010
Passport Data Page Received December 02, 2010
Statement Of Reason Received December 02, 2010
Other Received December 02, 2010
 
The sponsor views were finally received and I received a favorable recommendation on 5/24, two days ago.

My visa will expire on 6/15. I'm worried that my work authorization will expire before I can get an H1-B on the basis of the waiver. When can I expect to have the waiver and be able to apply ? Are there any interim solutions ... can I extend the work permit for a few weeks somehow ?
 
Congratulations! :)

I'm afraid I can't answer your H1-B questions, but I was curious if you could tell me who your sponsor was.
 
I was sponsored by the US Department of State through the Fulbright program. I think that the key to success was a convincing Statement of Reason that argues that granting the waiver is in accordance with the goals of the Fulbright program.
 
Here is the time line of my successful application for a waiver of the 2 year home residency requirement. If you who are reading this are in a similar situation, my advice is to not lose hope, write a carefully argued statement of reason and to leave more than 7 months of time for the process to go through. Probably 12 months is the right amount of time. Remember that you will not be able to renew your DS-2019 after you apply without endangering your waiver.

Approval notice received about 3 business days later
Approval notice sent by USCIS June 6, 2011
Sponsor Views Received May 24, 2011
Recommendation Sent May 24, 2011
Statement Of Reason Received February 03, 2011
Request for Sponsor Views Sent February 03, 2011
Sponsor Views Requested February 03, 2011
Statement of Reason sent by me by USPS in mid January
Incomplete Information Letter Sent January 05, 2011
No Objection Statement Received December 23, 2010
Fee Received December 13, 2010
Form DS-3035 Received December 13, 2010
Form DS-2019 Received December 13, 2010
Passport Data Page Received December 13, 2010
Application sent by USPS: Early December
 
seekingj1waiver,

What country are you from? I know their decision also depends on the country.

Econgrad,
Did you receive any news?

J
 
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