Is No Objection Statement needed to apply for CONRAD 30 based J1 waiver

tronkyman

Registered Users (C)
Hi there. I am new to this forum and currently I'm starting to learn more about the J1 waiver process. I would like to ask if a "No Objection Statement" letter from my country is required in order to apply for J1 waiver based on CONRAD 30 (HPSA/MUA). I find the documentary requirements vague in some Department of Health websites re: J1 waiver application with regards to this. My medical education was not sponsored by my government. So would they still require me to get a letter from my government? The reason I am asking is because my government is very hesitant in giving these letters. It would be difficult to obtain this letter from my country. But if it is not required, then I guess I will not have problems with the application for J1 waiver under CONRAD 30. Any inputs? Any suggestions?

Thanks
 
Hi there. I am new to this forum and currently I'm starting to learn more about the J1 waiver process. I would like to ask if a "No Objection Statement" letter from my country is required in order to apply for J1 waiver based on CONRAD 30 (HPSA/MUA). I find the documentary requirements vague in some Department of Health websites re: J1 waiver application with regards to this. My medical education was not sponsored by my government. So would they still require me to get a letter from my government? The reason I am asking is because my government is very hesitant in giving these letters. It would be difficult to obtain this letter from my country. But if it is not required, then I guess I will not have problems with the application for J1 waiver under CONRAD 30. Any inputs? Any suggestions?

Thanks

No, NOS is not required unless your government funded you at any time during your J status in US.
 
No, NOS is not required unless your government funded you at any time during your J status in US.

Actually, some state health departments require a NOS. This is so their citizens can't tell them 'you are stealing doctors from poor countries'. This has nothing to do with the DOS 'no objection waiver', it is a state by state thing.

In my case, this really made things a bit complicated because my countries embassy was adamant that they would only send the NOS to the state department, not the state DOH. They where however nice enough to send a copy to my attorney who submitted it to state DOH and all was fine.
 
IS NOS needed then by the Dept of State to process waiver under CONRAD 30

Thanks for the replies...in addition to this question..

Does Dept of State then require that a "No objection Statement" from your country be submitted? Hadron, you mentioned that you submitted yours to DOS as well as to your attorney who then forwarded it to health department.

If there are states that require the "No Objection Statement" regardless if you were funded or not by your government, do you have a list of States that do not require this? If I am not mistaken, sometimes they just ask in 1 question if you were funded or not. Am I right?

This seems to be one of my problems in applying for the waiver. Our government is just giving us a hard time getting the NOS (for physicians) even though our education is totally paid personally. Hopefully, there is a way around this NOS requirement.. please do shed light.

thanks.
 
Does Dept of State then require that a "No objection Statement" from your country be submitted?

No, DOS doesn't require it in the 'state health' type Conrad30 waivers.

Hadron, you mentioned that you submitted yours to DOS as well as to your attorney who then forwarded it to health department.

My countries vice-consul sent one to DOS and my attorney. I tried to tell them NOT to send it to DOS (so it wouldn't confuse them), but they sent it anyway.

do you have a list of States that do not require this?

I wouldn't limit my choice of jobs/states based on that issue. Look for a waiver job, deal with state DOH later. Any such requirement can be waived if the chief of DOH decides so, if a hospital/practice wants you, things can be done to make it happen.
I don't know how many states ask for this, mine did, but I don't think this would have been a deal breaker if my country didn't give those letters out like Vegas hookers their business cards.
 
Thanks again for your response. it definitely clears things up. I guess I would just hope for the best that the Health Department would not request an NOS from me... as I would not likely be able to provide it.

What would be the best time to start applying for the waiver process (getting DOS case number, having an attorney involved?) if I am ending my residency on July 2008 ( will only have addl 30 days after my J1 visa ends to remain in status). I would also need to take into consideration 1. Time my program ends, 2. Total amount of time needed for waiver as well as conversion H1B application 3. 90 day period that is needed after waiver approval to start working. 4. amount of time before CONRAD 30 fills up for each state.

Thanks.
 
Start looking for a job this summer, the new conrad30 slots become available on Oct 1st. So, if you want to go to one of the competitive states, you want to have your application in around that time. You can get the case number the moment you have obtained your last J1 stamp to enter the US. No need for an attorney for the case#, you send them a cheque and they send you a number.
State health department processing times are variable, so the earlier you are the more time you have. The 90 days toward start of the waiver thing is apparently not something anyone enforces. Also, if you have your H1b app in early, you can file under regular processing saving $1000 in an already expensive process.
 
once again, thank you hadron for your answers. H1B through J1 waiver does not fall under the cap right? I just heard that the H1B cap this year capped within a day! Wow!

Is it also true you can start applying for your H1B while working on your waiver? or do you have to complete the waiver process before you apply for H1B. And do you have to pay separate attorney's fees for H1B application. Summing it all up means I'll probably be paying around 7,000$ for the whole process right?
 
H1B through J1 waiver does not fall under the cap right?

That is correct. The exemption from the cap was part of a senate bill in 2004 (the one that extended the conrad30 program to include 5 slots for physicians in non-underserved locations).

I just heard that the H1B cap this year capped within a day!

I heard they will do a lottery.

Is it also true you can start applying for your H1B while working on your waiver? or do you have to complete the waiver process before you apply for H1B.

The waiver process has 4 steps:
1 obtain approval from state health
2 obtain approval from Department of State
3 obtain approval from USCIS (form I612 sent from state to USCIS)
4 obtain approval for H1b from USCIS

It is possible to put step 4 right after 2 trusting that they would do 3 along with 4. This used to work routinely, I received a request for evidence and it threw a wrench in the process.

And do you have to pay separate attorney's fees for H1B application. Summing it all up means I'll probably be paying around 7,000$ for the whole process right?

That seems to be about right. You can cut down on the expenses by handling many of the steps yourself. You can get your file number without an attorney, negotiate with state health yourself and limit the attorneys involvement to the H1b applications. I found it very useful to have an attorney, but then again, my employer footed the bill for it (I still retained the atty myself so he didn't have split allegiances by representing the employer AND me).
 
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