J-1 visa waiver case pending at DoS

ViAg

Registered Users (C)
I am on J-1 visa and my case for waiver based on No objection statement is pending at the department of state for more than 5 months. My current J-1 is expiring soon. I have faxed few letters of enquiry to DoS and have made phone calls too.
Does anybody arround had faced similar problems ?
what are my options if i don't get waiver before J-1 expires ?
I need urget help. thanks
VIAG.
 
U mean the documents to be sent be by u (DS3035, statement of reason and other) and documents to be sent by ur embassy in US (barcode page + waiver certificate) have been sent to DoS for more than 5 months and u havent got any reply?

Well, if this is the case, they might require some more papers or in ur case they might need more information abt u before granting a waiver. I m also under process and dont wanna expect that much time as I dont hav much time left.

I have gone thru lot of cases, I cant remember if I hav seen a case like urs in which DoS wud take 5 months to reply. Keep in touch with them, I m sure they will reply......or if u r running short of time, better consult a lawyer.

Good Luck
 
5 months (~20 weeks) is not a long time for a waiver process, although many cases were processed in a very short time and the DOS sates it takes 6-12 weeks (for No Obj.), that by the way applies only when all the application paper is complete.
The DOS time lines (I saw more than one) on their web page are very confusing and not clear, in some places they say wait several weeks to even see your case online, and in others they say it will take between 6-12 weeks, yet longer times on other parts of the website, etc...

So their time lines are nothing more than a guess for ideal/simple cases were al is clear.

Although I'm not fully sure about this (may be others know!), I read that a pending J1 waiver provides one with legal status (some one on this forum told me also, privately, that his lawyer told him the same thing). Although, I thought that is not the case. Double check and consider consulting a Lawyer to see if that is true.


And by the way what were you told during the phone calls?

Do you think you have a problematic case? Like USG fundings, complex status (switched it around), Status gaps, etc... That may explain the delays.






ViAg said:
I am on J-1 visa and my case for waiver based on No objection statement is pending at the department of state for more than 5 months. My current J-1 is expiring soon. I have faxed few letters of enquiry to DoS and have made phone calls too.
Does anybody arround had faced similar problems ?
what are my options if i don't get waiver before J-1 expires ?
I need urget help. thanks
VIAG.
 
I read that a pending J1 waiver provides one with legal status (some one on this forum told me also, privately, that his lawyer told him the same thing). Although, I thought that is not the case. Double check and consider consulting a Lawyer to see if that is true.

no, a waiver application does not provide a legal status. You were correct before somebody gave you wrong advice.
 
May be then requesting an extension (or new status) of your J1 visa will give you legal coverage while the case is being processed.




ViAg said:
I am on J-1 visa and my case for waiver based on No objection statement is pending at the department of state for more than 5 months. My current J-1 is expiring soon. I have faxed few letters of enquiry to DoS and have made phone calls too.
Does anybody arround had faced similar problems ?
what are my options if i don't get waiver before J-1 expires ?
I need urget help. thanks
VIAG.
 
thanks a lot for responses.
yes, online status says that they receive DS3035, statement of reason, no objection statement from home country embassy on July 25, 2006. Whenevery i call them, they say that all papers are in place and the case is under consideration. But i am hearing this for last two and a half month.
I guess i should probably consider a lawayer.

Since my wiaver case is still pending with Dos (not yet gone to USCIS for final judgement), can I apply for J-1 extension. My university International scholars office says that i cannot apply for extension of J-1 as I have already applied for a waiver.
 
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