212(E) Applies

J

joejoejoe

Registered Users (C)
Greetings to everyone here in Immigration Portal Forums.
I am in USA and reached here 1 week back on J1 Visa for 15 months. On my Visa ,"212(E) Applies," is mentioned and on my DS-2019 paper the line which says 2 year rule apply, is checked but the sub clauses are not checked. I am here for a training in a private company. My Visa expiration date is of July 2008.
I am not clear about the terms mentioned above and would like to start working from now so that I can get a J1 waiver before Visa expiration or I want to get information about it.
I would request the Immigration Portal members and experts to please help me.
Awaiting response.
 
joejoejoe said:
Greetings to everyone here in Immigration Portal Forums.
I am in USA and reached here 1 week back on J1 Visa for 15 months. On my Visa ,"212(E) Applies," is mentioned and on my DS-2019 paper the line which says 2 year rule apply, is checked but the sub clauses are not checked. I am here for a training in a private company. My Visa expiration date is of July 2008.
I am not clear about the terms mentioned above and would like to start working from now so that I can get a J1 waiver before Visa expiration or I want to get information about it.
I would request the Immigration Portal members and experts to please help me.
Awaiting response.
Click to expand...

You can apply for advisory opinion with the Department of State if you are not sure that you are subject to the 2 year home country requirement (212E). It is free. If you are subject in the visa stamp (passport), or your DS-2019 form or both, mostly you are subject and need to apply for waiver in one of categories which fit you. for more information on waiver categories and requirement, explore the www.DOS.gov web site
 
Thanks for the reply. Sure, I will look for that information in that website. When do you think I should start to apply for Waiver?
Thanks again.
 
joejoejoe said:
Thanks for the reply. Sure, I will look for that information in that website. When do you think I should start to apply for Waiver?
Thanks again.
Click to expand...

As soon as you can, I started the process very active one year ago and still pending (2 months; my country; 5.5 months; DOS and 4.5+++ months, USCIS). Start from now.
 
Thanks man.
I have Visa for 15 months left from now. So do you think that I should apply now. I have not even got the ssn till yet as I have to apply for that. I just came here 5 days before.
 
I am sorry to post again for the same issue but the web address you gave is not opening up. Would you please check on that.
Thanks.
 
mmed,
Thank you for the reply. I have been reading the posts on this Immigration Portal since when I was in my home country. I had a confusion before and I still have that.
I am here as a trainee in a software company for 15 months as J-1. I have come here on my own funds and little stipend from the software company. I have checked most of the posts and I found everybody as doctor or researh scholar. My question is that how will the process of my application will be? The only reason that comes to my mind for having 212(E) applies mentioned on my Visa is that might be I am on some skill list.
mmed, I would request you to please advice me and suggest some way as to how should I start the process as I want to get J-1 waiver before Visa expiration.
Thank you in anticipation.
 
Hi Lucy MO,
Thanks for the reply. I have seen you helping people. Keep up the good work.
Best wishes to you.
 
I have read in a post titled "DS2019 valid but funding exhausted" by "Nasho" in which it is mentioned that if somebody has applied for waiver then he or she can apply for transfer. I apologize but I did not get that clearly. Does it mean that if I would have applied for waiver then I can apply for transfer from one sponsor of J1 to another sponsor or does it mean that I can apply for H1B or any other visa also?
In addition, if I would reserve a case with dos by submitting online waiver application and if I would not have got the nori from home country then still I am eligible to apply for extension or transfer.
The knowledge that I have acquired till now by reading posts is that first I should apply for Nori and after that I should apply to DOS. Is that correct or can I apply to DOS first to reserve a case no and to make myself eligible. I read many posts in this forum but still this thing is still confusing for me.
Lucy Mo, MMed and all other masters please shed some light.
 
I think you should first concentrate on the purpose (training) you have come for in. J1 is exchange program, within 1 week of your entry you started thinking of J1 wavier. It clearly indicate that you had preconceived intent to not return. I understand many people who come on J1 (including me) stayed here. There is nothing wrong in it as long your sponsor does not have objection on it.

You should work hard here first, make good credentials that will help you get another J1 job/H1B/green card petition. J1 is extendable to 5 years now, you can transfer your J1 / also you ca extend it with same sponsor.

Then you can apply for NORI/wavier so that you can justify why you want to get a wavier, like want to finish the ongoing project. If you do not concentrate in work, people in your department here may not like you and may not help for J1 wavier to write a supporting letter. Sponsors views is a one of in built check for this purpose that is kept by U.S. dept of state. I know a few cases those got rejeced because the visitors were more after J1 wavier than work for which they came here. Their sponsor reported activities of the visitor to the U.S. dept of state when sponsor views were requested and it led to J1 wavier denial.

As you came now on J1 if required you should go back because you are partly sponsored by the company. But you should keep a good impression at work and supervisors here. They can help you come back again on J1 after one year gap. Once you come and go back, usually you will get another J1 easily.
So it important to focus on work and be highly productive and impressive. Please do not take this message otherwise/as offending.
 
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Hi Abhuda,
Thanks a lot for the reply. I highly appreciate that. Sure, I will concenterate on the work(Training) now. You said that J1 can be extended for 5 years.I did not get that. My training is in software field under category "Trainee Speciality". For this training maximum time for J1 visa is 18 months(Maximum months that a person can get in one time). My Visa is for 15 months so after completition of that, I can extend it for another 3 months and that I know.
Do you mean that I can get it extended for 5 years. And if yes, then sponsor would be the same or can I get a different sponsor.
Please help me to solve my this confusion.
 
u better concentrate on ur work now ..or otherwise lot of time in reading ur countrs consulate and US govt website on J-1 waiver . it looks ur bothering others too much..even asking for the link that did not work in one of the replies....Dont u kknow how to use google
 
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I do not see anything wrong if somebody wants to clear any doubt. Even I had that question in my mind. I was about to start a new thread but since Joe has asked that question so I am posting here.
Joe, I am also in the same J1 category, in which you are. So answer to your question, would benefit both of us. Please if anybody know the answer, please reply. Any help would be highly appreciated.
 
to both Joejoejoe and Anjali Sharma

Let me explain the step by step process on how to get J-1 waiver if you are are from INDIA

1. Go to relavant Indian Consulate website (Chicago, New yorl, Housron, San
francisco) depends where you live. Downlod both AFFIDAVIT & STatement FORM AND ALSO MISCELLANEOUS FORM.


For example see Chicago consulates wesbite if you live in the Midwest

http://chicago.indianconsulate.com/Passpins.html

2. Fill in both AFFIDAVIT AND STATEMENT (4 copies, get in signed by a Notary Public Send the above two forms along with Miscelllaneous form plus proorf of your address in USA and first 3-page self attested passport - Just to get attestation

3. Upon receipt from Consulate, send each one (statement and affidavit) to
1. Min of HRD Delhi ES 5 Section, 2. Passport office where you got passport in india and 3. Home dept of your state govt. Request them to issue you a NORI certificate. IT will take 2-4 months depends

4. In the meantime, you to DOS website, fill in J-1 waiver application, get case No. (there is no online submission here, filling online generates bar code where ur information is stored. Thats it. - actually one can do this even after getting NORI certificates from india

5. ON receiving NORI from india, send the documents along with miscellaneous form, Ur CASE No (u got it from DOS) regiesting to issue you a NOC.

6. Indian consulate will issue a NOC -send the same to Indian Embassy Washington and a copy to the candidate.

7. Final NOC will be issues by Indian Embassy Washington and forward it to DOS, Wiver division and a copy to the candidate.

8. In the meantime, as soon you have filled in waiver applicatoon online and got case no, send all relavant documents to DOS, J-1 waiver to Missouri.

9. Now its the time for to wait DOS's decision, normally 6-8 weeks

10. DOS will make recommendation - send a copy to the candidate and forward it to the relevany USCIS

11. Now u can apply for H-1 with DOS letter.

12. Now WAIT for FINAL decision from USCIS

13. Game is over now

Hope this clears.

cheers
Lakshmanan
 
J1 Waiver - to both Joejoejoe and Anjali Sharma

to both Joejoejoe and Anjali Sharma

Let me explain the step by step process on how to get J-1 waiver if you are are from INDIA

1. Go to relavant Indian Consulate website (Chicago, New yorl, Housron, San
francisco) depends where you live. Downlod both AFFIDAVIT & STATEMENT FORM AND ALSO MISCELLANEOUS FORM.


For example see Chicago consulates wesbite if you live in the Midwest

http://chicago.indianconsulate.com/Passpins.html

2. Fill in both AFFIDAVIT AND STATEMENT (4 copies, get in signed by a Notary Public Send the above two forms along with Miscelllaneous form plus proorf of your address in USA and first 3-page self attested passport - Just to get attestation (one month)

3. Upon receipt from Consulate, send each one (statement and affidavit) to
1. Min of HRD Delhi ES 5 Section, 2. Passport office where you got passport in india and 3. Home dept of your state govt. Request them to issue you a NORI certificate. (2-6 monthss)

4. In the meantime, you to DOS website, fill in J-1 waiver application, get case No. (there is no online submission here, filling online generates bar code where ur information is stored. Thats it. - actually one can do this even after getting NORI certificates from india

5. ON receiving NORI from india, send the documents along with miscellaneous form, Ur CASE No (u got it from DOS) regiesting to issue you a NOC.

6. Indian consulate will issue a NOC -send the same to Indian Embassy Washington and a copy to the candidate.

7. Final NOC will be issues by Indian Embassy Washington and forward it to DOS, Waiver division and a copy to the candidate.

8. In the meantime, as soon you have filled in waiver application online and got case no, send all relavant documents to DOS, J-1 waiver division to Missouri.

9. Now its the time for to wait DOS's decision, normally 6-8 weeks

10. DOS will make recommendation - send a copy to the candidate and forward it to the relevant USCIS

11. Now u can apply for H-1B with DOS letter.

12. Now WAIT for FINAL decision from USCIS

13. Game is over now

Hope this clears.

cheers
Lakshmanan
 
joejoejoe said:
Hi Abhuda,
Thanks a lot for the reply. I highly appreciate that. Sure, I will concenterate on the work(Training) now. You said that J1 can be extended for 5 years.I did not get that. My training is in software field under category "Trainee Speciality". For this training maximum time for J1 visa is 18 months(Maximum months that a person can get in one time). My Visa is for 15 months so after completition of that, I can extend it for another 3 months and that I know.
Do you mean that I can get it extended for 5 years. And if yes, then sponsor would be the same or can I get a different sponsor.
Please help me to solve my this confusion.
Click to expand...

5 yrs J-1 is for RESEACH ASCHOLARS ONLY.... NOT MEANT FOR J-1 RAINEE CATEGORY.CHECK WITH DOS WEBSITE..IT HAS ALL CLEAR INFORMATION.
 
Hi Lakshmanan,
Hope you are fine. Thanks a ton for the reply and all the clarifiacation. You been a great help.
 
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