J1 waiver application..

N

neelesh07

Registered Users (C)
Guys,
I am currenly on a J1 visa. I am doing intrenship with an Agriculture research company. I want to apply for the 2 year waiver on the No objection criteria.
Should i apply through an attorney or is it ok to apply directly?
Besides I dont knw wht to write on the statement where they ask about why the waiver should be granted..

Can anyone please help.

Thanks
Neelesh
 
I have a somewhat compleciated case. My wife and I applied for
a J1-waiver in May 2006. By Septemeber we had got out NORIs
and the Indian embassy had sent a no objection statement to
the State Dept. October both of us got a favorable recommendation
from the DOS. A few days later I got my waiver from the USCIS.
My wife hasn't yet heard from the USCIS (not Notice of Action,
no nothing). What complicates the situation is this. We were in
Canada while we were applying for a waiver. As soon as I got my
waiver, the US university which had offered me a job went ahead
and got me a H1B on a fast track. In the meanwhile we had
become Canadian citizens (while the process of the waiver was going
on). We crossed the border on Jan 1, 2007 at Buffalo. We told the
border official everything and specifically said that my wife's waiver
is not complete. He asked for our old Indian passports, which we showed.
He decided to give my wife a H-4 Status.

We don't even know how to inform the USCIS of the change of
address for my wife. When we call the USCIS they say "Ma'am you're
not even on our system. Pl. contact the DOS". When we call the
DOS, they say that the file has been closed and they have made
a favorable recommendation and they are not going to do more--we
have to contact the USCIS. So what do we do in such a case?
We wrote to the Lincoln service center in February. We haven't
heard from them. And that brings me to another funny thing.
For my waiver, the DOS sent its letter to Nebraska Lincoln (just
as they did for my wife), but I got my wiaver from Vermon!!! And
that in a few days. Does anyone know what we should do?

Best regards
Pramath
 
Pramath said:
I have a somewhat compleciated case. My wife and I applied for
a J1-waiver in May 2006. By Septemeber we had got out NORIs
and the Indian embassy had sent a no objection statement to
the State Dept. October both of us got a favorable recommendation
from the DOS. A few days later I got my waiver from the USCIS.
My wife hasn't yet heard from the USCIS (not Notice of Action,
no nothing). What complicates the situation is this. We were in
Canada while we were applying for a waiver. As soon as I got my
waiver, the US university which had offered me a job went ahead
and got me a H1B on a fast track. In the meanwhile we had
become Canadian citizens (while the process of the waiver was going
on). We crossed the border on Jan 1, 2007 at Buffalo. We told the
border official everything and specifically said that my wife's waiver
is not complete. He asked for our old Indian passports, which we showed.
He decided to give my wife a H-4 Status.

We don't even know how to inform the USCIS of the change of
address for my wife. When we call the USCIS they say "Ma'am you're
not even on our system. Pl. contact the DOS". When we call the
DOS, they say that the file has been closed and they have made
a favorable recommendation and they are not going to do more--we
have to contact the USCIS. So what do we do in such a case?
We wrote to the Lincoln service center in February. We haven't
heard from them. And that brings me to another funny thing.
For my waiver, the DOS sent its letter to Nebraska Lincoln (just
as they did for my wife), but I got my wiaver from Vermon!!! And
that in a few days. Does anyone know what we should do?

Best regards
Pramath
Click to expand...

Hello Pramath

How did both of you apply for waiver. If u were in J-1, ur dependent, ur wife was in J-2... or vice-versa. IF the Primary applicant (J1) gets waiver is enough, J-2 need not apply for waiver separately. Your wife will not get a waiver either from DOS or USCIS. U got it...dont worry now
 
lakksh said:
Hello Pramath

How did both of you apply for waiver. If u were in J-1, ur dependent, ur wife was in J-2... or vice-versa. IF the Primary applicant (J1) gets waiver is enough, J-2 need not apply for waiver separately. Your wife will not get a waiver either from DOS or USCIS. U got it...dont worry now
Click to expand...

We were both ona J1 (she too is an academic).

Pramath
 
I was trying to start my own thread but new to this and dont know how so bare with me. I am originally from Antigua and got a J1 visa in 2003 to pursue my MBA under the OAS/LASPAU program. When my J1 visa and DS2019 forms were issued they said I was not subject to the 2 year residence requirement. However upon completing my programme in 2005, I left the US and returned to Antigua and back to my old job at a big 4 accounting firm. The firm there didnt have space for me so I transferred to the office in Barbados, which is still in the Caribbean and have worked here for the last 2 years.

I am now trying to transfer to our office in the US and wrote to the DOS to clear up my 2 yr requirement status and they told me yes I am subject to it, even though my visa said otherwise. As a result I have applied for the waiver using the no objection clause. My Government has already issued the statement saying they do not object and further as far they are concerned I still fulfilled it since I worked in another Caribbean island. I also included a letter from the firm saying that I use to work with the Antigua office and since they didnt have space for me when I returned in 2005, I transferred to the Barbados office.

The Barbados and Antigua offices are directly linked and also Barbados and Antigua are member countries of the Caribbean Community and the Caribbean Single Market and Economy Agreement.

That being said does my waiver have a good chance of being approved? I realise I am over the threshold for funds since the international organization paid for my MBA but I did leave the US and come back to the Caribbean to work.

Also what else can I send include in the package to make my case stronger?
 
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