filing thru lawyer ..... I-612

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docny

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when filing through lawyer, does USCIS send correspondence (receipt/decision etc.) to you/lawyer or both

Anyone knows recent timeline for I-612 (hardship waiver) for Vermont Service Center? Time taken by each step?

Can one have two pending waiver applications (hardship and underserved) at the same time and if so, how is that done?

In case of hardship waiver denial, does ECFMG extend J1 status for boards etc. Anyone with that experience as this could buy more time for filing a different type of waiver.

Any input on attorney(s) good at hardhsip waivers
 
Timeline for me was much longer than listed on USCIS website. The VSC reveiws the case and if approved sends to DOS and then if they approve they send it back (fax) to USCIS and also one copy to your lawyer will be faxed. I used a lwyer and never got any paerwork from USCIS except for status inquiries which was pretty much not a whole lot; kept telling me to wait.

I know you can not have to waivers approved at the same time and have to go with the 1st one. I am not sure if you can file two though.

Go on the ECFMG J page and they have a form that you fill out and extend for the boards. Your best bet is to get a fellowship, just send emails to see if there is an opening. Some just get a cold foot and opt for the higher paying job.

Hope this helps.
 
Thans for reply

I612 said:
Go on the ECFMG J page and they have a form that you fill out and extend for the boards. Your best bet is to get a fellowship, just send emails to see if there is an opening. Some just get a cold foot and opt for the higher paying job.

Hope this helps.
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Would ECFMG extend or renew my J1 knowing I have applied for a waiver and is pending or denied?


Any attorney that you will recommend who is known for such cases?

There current processing time say Nov 19 (i-e 4 months) is it much longer than that?- once they approve the case how long does it take for the back and forth letters (DOS <-> USCIS) and your final approval notice.
 
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When you apply for the extension I think there is a box that askes you if you have applied for a waiver. I have never felt that they care. If you haven't filed for a waiver yes, fill it tonight, mark NO and move on.
As I said fellowship is much safer.
I did a COS to H1B with the DOS approval notice (took around 15mths) and the final approval lags behind that. Note the 15 mth I mention and that is why I say get a fellowship. Apparently some have had faster processing times but I am not sure what is the norm.
 
I612 said:
When you apply for the extension I think there is a box that askes you if you have applied for a waiver. I have never felt that they care. If you haven't filed for a waiver yes, fill it tonight, mark NO and move on.
As I said fellowship is much safer.
I did a COS to H1B with the DOS approval notice (took around 15mths) and the final approval lags behind that. Note the 15 mth I mention and that is why I say get a fellowship. Apparently some have had faster processing times but I am not sure what is the norm.
Click to expand...


thanks for your input. I am actually in fellowship and currently in 2 yr. My fellowship will end 06/30/07, so I have 1 yr and 3 months. I already have DS-2019 for my third year valid thru 06/2007.

I am currently collecting documents for filing. As You have mentioned that your case took 15 months. That is my worry and confusion. If the case got delayed till the end of fellowship I will be then scrambling for alternative waiver and to avoid being out of status I may apply for extension for j1 (boards etc), though I have a pending/denied application (worst case senario) for waiver. I am not sure if ECFMG would honor such request knowing the fact that I am seeking waiver.

Second, some of my colleagues referred me to either of the two lawyer expert in the case in New York- Stephen Jeffries or Stephen Perlish. But there circumstances were different. I was wondering if anyone has any experience with them

Last thing, say my waiver is approved early, do I stay on j1 till my fellowship or have to change status soon after approval.

Do i need to exit US for h1 or change of status here is sufficient.
 
Read all the info about what constitutes a hardship and then proceed. From the lawyers that you mentioned I know Jeffries does a lot of O1 and EB1 cases and that apparently is his expertise. Having done a fellowship I assume your CV might get you an O and maybe EB1; you will still have to waive the J 2yr, but the O will buy you some time. So I will initiate the O process with him. I haven't heard him do J waivers; at least that is not what he specializes on from what I know. As far as Perlish I know a lot of programs in NY and some in NJ & CT use him for H1B. That is all I know, have talked to him once but not really about any complicated situation. Anyone else who has any experience could pitch in.
Take a look at Jan Pederson (usvisainfo.com) & carl Shusterman (shusterman.com); & Greg siskind (visalaw.com); though all are very high end and expensive, but an approved hardship waiver might be worth it.
On a different note I shall say now that I am on H life is still complicated. Going from cap-exempt to nonexempt and PERM,...could be complicated and sometimes I think I might had been better off with a waiver and NIW, who knows.
I did a COS to H from J without exit; apparently the law is not very clear, but USCIS is usually forgiving because the same hardships apply to going to home country and getting visa.
If you have more questions feel free to PM me.
 
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