My timeline for obtaining a waiver:
The most important thing in applying for a waiver is to apply at right time. Even if you dont have a sponsor for H1B, apply for a waiver. It will allow you to convert to a new visa such as a clinical J1 while remaining in US. So start as soon as you settle down in your new program.
I started very late.
Step 1: Attestation of forms from the consulate. March 2008
If you feel that you are very much short of time then I would advise you to go personally to the consulate and get the forms attested and pay the requisite fees. This will save at least 2-3 weeks. I personally did this and was able to get the attestation on the same day.
List of documents required:
4 copies of the form
passport and photocopies of all the important pages on the passport
60USD cash or cashier's cheque
Step 2:Sending the documents to India
Sent all documents to India to my parents in second week of March2008
As I am a medico , I was told to send the documents as follows:
1) deputy secretary (International co-operation)
Ministry of health and family welfare
Nirman Bhavan,
New Delhi 11011
Here through one of my friend I got the list of documents required to be sent. Also got the telephone number of the person who takes care of these things at clerical level.
1. The attested form
2. A cover letter stating that i am not involved in any clinical training or clinical research.
3. Letter from my employer stating that I am not involved in clinical training or clinical research
4. Passport and visa copy
5. My cv
6. List of publications
7. Reprints of my publications
8. my educational certificates
9. My curriculum in last 20 years.
The person in charge was Mr Bhatt 00911123061945. However these people are not very co-operative and will not give any information. I tried a lot.
2) regional passport officer,
Passport office,
Wagale industrial estate,
Thane.
Shri S.R.Mestry Passport Officer,
Vardhan Building, MIDC
Wagle Estate
Thane
022-25837803/
25829855/ 25832818
022-25829434
rpo.thane@mea.gov.in
My father personally went there and was able to get the work done in three visits. This office was the best office of all.
Work completed on 10th April 2008
3) Home department
Government of Maharashtra,
Mumbai
Shri. K. Subramanyam
(Special)Home Department
Principal Secretary
22023572
Ext 3473
PA Ext: 3798
Email : sec_homesp@maharashtra.gov.in
Email 2: KSubramanyam@maharashtra.gov.in
These people were little trouble some. They have a procedure by which they send a letter to the commissioner of my home town. The commissioner then sent a letter to the police station in my area. They asked my dad to get an affidavit done mentioning that they dont have any obligation in me staying in US and I dont have any loans on my name. Absolutely ridiculous procedure but took almost 2 weeks to complete. Then when all the related papers reached the home department, it took one week for the secretary to sign. Work completed on 21 April 2008.
My father sent me the fax of both the letters.
In addition to these fax , I had one letter from Ministry of health and family welfare new Delhi mentioning that they don't take any objection on medicos seeking further training in US.
Now I decided to hire a lawyer so that I dont make any mistakes which will lead to loss of precious time.
Started inquiry about the law firms. Got quotes from 1000 to 10000 USD for the work. My friend suggested one lawyer whom he had also hired for the same work. I talked to her and she said that I already have all the information and can go ahead and do the work by myself. But on my request she agreed to represent me and charged me a flat fee of 450. So if your case is not complex, the work involved in the process is not more than what she has charged me and she was truthful to me about that. I also realized the same during the whole process. So one should hire a lawyer only when there are complications in the case or like me having very short time for the procedure.
After online submission of the forms and statement of reason I took the third party barcode page with the three letters to the Chicago consulate. They refused to issue the waiver certificate unless I get the letter from Ministry of health and family welfare New Delhi.
Then there was no other option and getting the letter from them and that to in short time was necessary. Fortunately from one of my friend who was also doing the same procedure, I got contact number of a person who works with ministry. I contacted him and asked him to get my work done in time. He asked for a huge amount but after some bargaining, I was able to set up the procedure with him.
Finally on 12 th May 2008 I got the letter from Ministry of health and family welfare ( after almost 2 and half months) He sent it to me by fax.
Then on 14 th May I submitted the letters with a miscellaneous services form and passport copies and of course 20 USD to the consulate and got the final waiver letter. The officer told me that they will fax the letter to the Embassy in DC.
At this stage all our work is over and we can only wait to see what happens.
My application was received by DOS on 29 th April 7 days after it was sent to it and the online update was seen.
On 5 th June the officer at DOS told me that they have received the No objection statement from Indian embassy on 4th. Online update on 5th-NOC received on 4th June. To follow up with DOS call them on 2026631225 and press120.Then you will be able to speak to an officer.
On 11 June in the morning I was surprised to see that the DOS has sent the favorable recommendation on 9 th June to me and USCIS. USCIS received it on 11 th June and I got the letter on 16th.
At this stage the work of DOS gets over and now the USCIS comes into picture. It is difficult to track the things at the USCIS without the receipt number. I tried to call USCIS to get the number. After trying 10 times the officers will transfer you to a second level officer who told me the receipt number. Remember to tell them to look into the database of I 612 forms. The officer told me that the DS3035 gets converted into I612 when it reaches USCIS. I got receipt number on 25th June. Though the favorable recommendation is addressed to Nebraska service center the processing of the case takes place at Vermont service center.
I started following the receipt number and created an account for the email updates. For following up with USCIS call on 18003755283 and then press 1226221. Tell them that you haven't received the receipt and the favorable recommendation was sent by DOS to USCIS 2 months back. Half the officers dont have idea about this procedure.
On 30 th June I received an update that my approval letter has been mailed on 28 th. The last update date column showed the date to be 07/01/2008 which means that this is the date on which they printed the letter and sent it to the mail section of the USCIS vermont service center. After this there was long wait. I got the approval letter on 10th of July 2008 and the letter was stamped on 7th of July. Which means that the USCIS usually mails the letters on next working Monday after the last update date. So now I am no longer subject to the 2 year home residency requirement rule.
I thank all the forumites who had been helpful in posting important information on the forum. I will be more than happy to help anyone who needs guidance in this process.
The most important thing in applying for a waiver is to apply at right time. Even if you dont have a sponsor for H1B, apply for a waiver. It will allow you to convert to a new visa such as a clinical J1 while remaining in US. So start as soon as you settle down in your new program.
I started very late.
Step 1: Attestation of forms from the consulate. March 2008
If you feel that you are very much short of time then I would advise you to go personally to the consulate and get the forms attested and pay the requisite fees. This will save at least 2-3 weeks. I personally did this and was able to get the attestation on the same day.
List of documents required:
4 copies of the form
passport and photocopies of all the important pages on the passport
60USD cash or cashier's cheque
Step 2:Sending the documents to India
Sent all documents to India to my parents in second week of March2008
As I am a medico , I was told to send the documents as follows:
1) deputy secretary (International co-operation)
Ministry of health and family welfare
Nirman Bhavan,
New Delhi 11011
Here through one of my friend I got the list of documents required to be sent. Also got the telephone number of the person who takes care of these things at clerical level.
1. The attested form
2. A cover letter stating that i am not involved in any clinical training or clinical research.
3. Letter from my employer stating that I am not involved in clinical training or clinical research
4. Passport and visa copy
5. My cv
6. List of publications
7. Reprints of my publications
8. my educational certificates
9. My curriculum in last 20 years.
The person in charge was Mr Bhatt 00911123061945. However these people are not very co-operative and will not give any information. I tried a lot.
2) regional passport officer,
Passport office,
Wagale industrial estate,
Thane.
Shri S.R.Mestry Passport Officer,
Vardhan Building, MIDC
Wagle Estate
Thane
022-25837803/
25829855/ 25832818
022-25829434
rpo.thane@mea.gov.in
My father personally went there and was able to get the work done in three visits. This office was the best office of all.
Work completed on 10th April 2008
3) Home department
Government of Maharashtra,
Mumbai
Shri. K. Subramanyam
(Special)Home Department
Principal Secretary
22023572
Ext 3473
PA Ext: 3798
Email : sec_homesp@maharashtra.gov.in
Email 2: KSubramanyam@maharashtra.gov.in
These people were little trouble some. They have a procedure by which they send a letter to the commissioner of my home town. The commissioner then sent a letter to the police station in my area. They asked my dad to get an affidavit done mentioning that they dont have any obligation in me staying in US and I dont have any loans on my name. Absolutely ridiculous procedure but took almost 2 weeks to complete. Then when all the related papers reached the home department, it took one week for the secretary to sign. Work completed on 21 April 2008.
My father sent me the fax of both the letters.
In addition to these fax , I had one letter from Ministry of health and family welfare new Delhi mentioning that they don't take any objection on medicos seeking further training in US.
Now I decided to hire a lawyer so that I dont make any mistakes which will lead to loss of precious time.
Started inquiry about the law firms. Got quotes from 1000 to 10000 USD for the work. My friend suggested one lawyer whom he had also hired for the same work. I talked to her and she said that I already have all the information and can go ahead and do the work by myself. But on my request she agreed to represent me and charged me a flat fee of 450. So if your case is not complex, the work involved in the process is not more than what she has charged me and she was truthful to me about that. I also realized the same during the whole process. So one should hire a lawyer only when there are complications in the case or like me having very short time for the procedure.
After online submission of the forms and statement of reason I took the third party barcode page with the three letters to the Chicago consulate. They refused to issue the waiver certificate unless I get the letter from Ministry of health and family welfare New Delhi.
Then there was no other option and getting the letter from them and that to in short time was necessary. Fortunately from one of my friend who was also doing the same procedure, I got contact number of a person who works with ministry. I contacted him and asked him to get my work done in time. He asked for a huge amount but after some bargaining, I was able to set up the procedure with him.
Finally on 12 th May 2008 I got the letter from Ministry of health and family welfare ( after almost 2 and half months) He sent it to me by fax.
Then on 14 th May I submitted the letters with a miscellaneous services form and passport copies and of course 20 USD to the consulate and got the final waiver letter. The officer told me that they will fax the letter to the Embassy in DC.
At this stage all our work is over and we can only wait to see what happens.
My application was received by DOS on 29 th April 7 days after it was sent to it and the online update was seen.
On 5 th June the officer at DOS told me that they have received the No objection statement from Indian embassy on 4th. Online update on 5th-NOC received on 4th June. To follow up with DOS call them on 2026631225 and press120.Then you will be able to speak to an officer.
On 11 June in the morning I was surprised to see that the DOS has sent the favorable recommendation on 9 th June to me and USCIS. USCIS received it on 11 th June and I got the letter on 16th.
At this stage the work of DOS gets over and now the USCIS comes into picture. It is difficult to track the things at the USCIS without the receipt number. I tried to call USCIS to get the number. After trying 10 times the officers will transfer you to a second level officer who told me the receipt number. Remember to tell them to look into the database of I 612 forms. The officer told me that the DS3035 gets converted into I612 when it reaches USCIS. I got receipt number on 25th June. Though the favorable recommendation is addressed to Nebraska service center the processing of the case takes place at Vermont service center.
I started following the receipt number and created an account for the email updates. For following up with USCIS call on 18003755283 and then press 1226221. Tell them that you haven't received the receipt and the favorable recommendation was sent by DOS to USCIS 2 months back. Half the officers dont have idea about this procedure.
On 30 th June I received an update that my approval letter has been mailed on 28 th. The last update date column showed the date to be 07/01/2008 which means that this is the date on which they printed the letter and sent it to the mail section of the USCIS vermont service center. After this there was long wait. I got the approval letter on 10th of July 2008 and the letter was stamped on 7th of July. Which means that the USCIS usually mails the letters on next working Monday after the last update date. So now I am no longer subject to the 2 year home residency requirement rule.
I thank all the forumites who had been helpful in posting important information on the forum. I will be more than happy to help anyone who needs guidance in this process.
