J1 Waiver on No Objection (USG funded)

T

thinkpad1978

Registered Users (C)
Hi,
Is there anybody out there who has applied for a no - objection waiver for a fully United States Government funded program and recvd favorable recommandation. Please share you success story.....
 
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I'm in the process of requesting a waiver myself, it has been only few weeks.

I know many people from my country who got their waiver approved and their programs were fully funded by USAID, like myself.

From What I sensed it goes like this:

* Getting the waiver is really hard one has to admit first.
* Build a strong case
* Write a good statment of reason

The DOS and the funding US agencies (Fullbright, USAID, etc..) seem to sometimes simply agree to certain aplicants from certain countries. At least that is the case for my country (all who applied got approved no exception). I assumke it is teh same for others too.

The key is to convince the funding agency (sposnor) that serving the 2 yrs HRR is not an option.

I'll keep you guys posted as to what happens to my case.

thinkpad1978 said:
Hi,
Is there anybody out there who has applied for a no - objection waiver for a fully United States Government funded program and recvd favorable recommandation. Please share you success story.....
Click to expand...
 
I'm in the process of requesting a NoObj waiver myself, it has been only few weeks.

I know many people from my country who got their waiver approved and their programs were fully funded by USAID, like me.

From What I sensed it goes like this:

* Getting the waiver is hard one has to admit first.
* IGA are always granted (after all a US agency wants you stay, so DOS has no reason to say no).
* Build a strong case
* Write a good statement of reason

The DOS and the funding US agencies (Fulbright, USAID, etc..) seem to sometimes simply agree to certain applicants from certain countries. At least that is the case for my country (all who applied got approved no exception). I assume it is the same for others too. By the way they were all Ph.Ds, whether that makes a difference or not I do not know?

The key is to convince the funding agency (sponsor) that serving the 2 yrs HRR is not an option.

I'll keep you guys posted as to what happens to my case.
thinkpad1978 said:
Hi,
Is there anybody out there who has applied for a no - objection waiver for a fully United States Government funded program and recvd favorable recommandation. Please share you success story.....
Click to expand...
 
Thanks for youR comments. In my case (actually it's my wife's case) her program was organized and sponsored by USIA which no longer exists and has mergeD with Department of Bureau affiars (which is a part of Department of States) simply speaking the sponsor now (technically) is DoS
 
Not sure what to make of a J1 for 5 months from an agency that no longer exist.


May be her country of origin can give her the No objection.?? check with them.



thinkpad1978 said:
Thanks for youR comments. In my case (actually it's my wife's case) her program was organized and sponsored by USIA which no longer exists and has mergeD with Department of Bureau affiars (which is a part of Department of States) simply speaking the sponsor now (technically) is DoS
Click to expand...
 
thinkpad1978 said:
Thanks for youR comments. In my case (actually it's my wife's case) her program was organized and sponsored by USIA which no longer exists and has mergeD with Department of Bureau affiars (which is a part of Department of States) simply speaking the sponsor now (technically) is DoS
Click to expand...

I participated in a program sponsored by USIA in 1994-1995. I got my NO waiver in 2004. Country - Russia.

So did my other friend from the same program, she got her waiver last year.

Another friend from the same program got her hardship waiver several years ago. Her country does not issue NO letters.
 
Thanks for you comments.
So it is advisable to wait for DOS waiver recommendation. Or can I apply for AOS and the waiver request concurrently.

YOu see I am going to get into my 3rd statge if GC (I-485) and I want to add my spouse.

We are going to start the waiver process. Should I wait before I apply for AOS ?
 
You actually cannot apply for the AOS until you have (at least) the favorable recommendation from the State Department in hand. That is evidence that you have a waiver application pending at USCIS.
 
Thanks
This is what I got form Uscis.gov

Under section 45.5


Note 2: A "no objection" case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request.



(b) Adjudication . Upon receipt of the "no objection" letter and the Waiver Review Division recommendation, review the case to ensure that documentation is in order and that the waiver is appropriate for the alien's circumstances ( i.e., ensure that the alien did not come to the U.S. as an exchange visitor, or later acquire such status, in order to receive graduate medical training or education). If so, you may grant the waiver.


DOes that still mean I have to wait for a favorable recommendation. If that is so I will wait.

Thanks for yor inputs on this
 
Yes, but read the line just above what you wrote, which is:

"Note 1: Section 212(e) waiver cases based upon these grounds are considered to be filed with USCIS only on receipt of a Waiver Review Division recommendation. "

This means you can apply for adjustment of status IF an application for a J-1 waiver has been made to USCIS based on "no objection". Such an application for a J-1 waiver is made only by the Waiver Review Division (the Department of State), not by you. In other words, once the Waiver Review Division has forwarded their recommendation to the USCIS (and they will also send a copy to you), then an application has been submitted, and you can then file a I-485 along with a copy of the recommendation as evidence that the J-1 case is also pending at USCIS.
 
Hi,
First of all, thanks to everybody who has posted on this forum. It has helped me a lot on getting my waiver. I thought I should share too.

A few days ago I received my waiver based on No Objection Letter and I was subject to the 2-year rule because of USG funding.
The employees at my institution have never before been found to be subject to the rule, since we receive goverment funding in an "indirect" way. So the attorneys of the company sent two consecutive advisory oppinions on my behalf to the DOS before I actually applied for the waiver. Both advisory oppinions came back saying I was subject to the two year rule base on USG. I started the waiver process on my own, since I believed I could go faster than the attorneys.
Here is my timelines:
November 1st, filled online waiver application.
November 2nd, send the papers on the mail to DOS and a fax to my embassy requesting the NOL.
November 13th, got the copy of the NOL from my embassy.
November 20th, my case appeared on the DOS website
November 24th, DOS website acknowledges receipt of NOL
November 28th, Favorable recommendation
Dec, 12, received the DOS favorable recommendation by mail.
Dec, 13, recieved the waiver from USCIS.

Well, this was really quick! I imagine the fact that two advisory oppinions were requested before, and they included many documentation including my sponsor/supervisors interest on my work, was enough for DOS and they did not requested sponsors view.
I must add that, at least in my case, both advisory oppinions and the NOL waiver request keep the same case number, so they files are probably kept all together.

Good luck to everybody!
 
Thanks for sharing....

That was extremely fast, considering it was USG funded program also.

But could you please comments on the need for a very strong statement of reasons is cases of USG funding and No Objection. In other words how was your Statemet of Reasons.




lugote said:
Hi,
First of all, thanks to everybody who has posted on this forum. It has helped me a lot on getting my waiver. I thought I should share too.

A few days ago I received my waiver based on No Objection Letter and I was subject to the 2-year rule because of USG funding.
The employees at my institution have never before been found to be subject to the rule, since we receive goverment funding in an "indirect" way. So the attorneys of the company sent two consecutive advisory oppinions on my behalf to the DOS before I actually applied for the waiver. Both advisory oppinions came back saying I was subject to the two year rule base on USG. I started the waiver process on my own, since I believed I could go faster than the attorneys.
Here is my timelines:
November 1st, filled online waiver application.
November 2nd, send the papers on the mail to DOS and a fax to my embassy requesting the NOL.
November 13th, got the copy of the NOL from my embassy.
November 20th, my case appeared on the DOS website
November 24th, DOS website acknowledges receipt of NOL
November 28th, Favorable recommendation
Dec, 12, received the DOS favorable recommendation by mail.
Dec, 13, recieved the waiver from USCIS.

Well, this was really quick! I imagine the fact that two advisory oppinions were requested before, and they included many documentation including my sponsor/supervisors interest on my work, was enough for DOS and they did not requested sponsors view.
I must add that, at least in my case, both advisory oppinions and the NOL waiver request keep the same case number, so they files are probably kept all together.

Good luck to everybody!
Click to expand...
 
Dear NewAndReadyToHelp,
I has been following your posts because they are very informative, so thanks to you!

I didn't realise when i filled the online application that the Statement of reason needs to be very strong. I only say I was asking for a waiver based on a NOL (because I read something like this in this forum) and then wrote two paragraphs explaining that I would like to stay here to continue my work and explaining my research. I didn't really comment on how my country or the US would benefit from me staying here, it was just a very short summary of the two projects that I'm involved on and what is their goal. BTW, I also get (indirect ?) funding from NASA and NSF.

I'm on a J1 visa, but you have mentioned that you have an O1 visa, I would think that should also be enough for DOS not to need sponsors view on your case! but you never know with burocracy....
 
Thanks,

I'll keep you guys posted regarding my case.

Good luck,



lugote said:
Dear NewAndReadyToHelp,
I has been following your posts because they are very informative, so thanks to you!

I didn't realise when i filled the online application that the Statement of reason needs to be very strong. I only say I was asking for a waiver based on a NOL (because I read something like this in this forum) and then wrote two paragraphs explaining that I would like to stay here to continue my work and explaining my research. I didn't really comment on how my country or the US would benefit from me staying here, it was just a very short summary of the two projects that I'm involved on and what is their goal. BTW, I also get (indirect ?) funding from NASA and NSF.

I'm on a J1 visa, but you have mentioned that you have an O1 visa, I would think that should also be enough for DOS not to need sponsors view on your case! but you never know with burocracy....
Click to expand...
 
Starting the No Objection procedure

NewReadyToHelp said:
Thanks,

I'll keep you guys posted regarding my case.

Good luck,
Click to expand...


Hi guys,
Thank you all for your very valuable comments on this thread. "NewReadyToHelp" did you got your waiver? I wish you did, since my situation is similar. I am now starting my application on the waiver and first, I wanted to ask what I have to do in order to get my No Objection Letter. I would appreciate any help on the first steps necessary to make a good application. Thank you all in advance.
 
I replied to your private communication with a long and detailed answer.

Read it carefully.


Good luck,

I'm still waiting myself...it is taking longer than expected (4+ weeks normally) with the Sponsor Views. few more days.



Trentino said:
Hi guys,
Thank you all for your very valuable comments on this thread. "NewReadyToHelp" did you got your waiver? I wish you did, since my situation is similar. I am now starting my application on the waiver and first, I wanted to ask what I have to do in order to get my No Objection Letter. I would appreciate any help on the first steps necessary to make a good application. Thank you all in advance.
Click to expand...
 
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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