J1 waiver recommendation State to DOS

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Registered Users (C)
Hi,

In the process of J1 waiver which agencies can refuse:

1) State waiver review: I understand they do the main analysis and recommend and they can refuse.

2) DOS: I'm not sure how thoroughly they review. Could you please add here what do they look at other then the recommendation from the State? What are the chances that they would refuse it? Could they ask for more documentation? On DOS web site, they are expecting State's recommendation and Physician's letter. I'm not sure what does State sends to DOS, just a letter with their recommendation or the whole file, if anyone know this, please advise.

3) USCIS: I understand these are rubber stamp everything, correct?

I thought step 1 was critical. If that is approved, rest is just formality and is matter of time.

Thank you very much
 
Hi, I dont have as much expirience as others guru's at this site, but I thought i coul share my expirience. The determination by the state seems to be the most crucial step. In my case it took around a month. Once they approve, they send a letter to the DOS ( you will also receive a copy of the letter). . By the time I got the letter from the state and logged on to the DOS website to check my progress, they had already approved it and forwarded it to the BCIS!!!! (in just 2 days). The BCIS send the waiver approval in another month.To me that suggested that most of the background checking is done by the state, the DOS and BCIS both seem like a formality.
 
I agree with docbsoston. The main stumbling block is the state. The DOS and USCIS seem to be mere formalities.
 
Thank you very much.

Does the state send letter to Lawyer or to me or both? I'm applying for the state of Maine.

Is anyone has experience with state of Maine?

Thank you again,
 
Last week my wife got her application approved by DOS. DOS just checks all the required documents and most of the time it is a favorable recommendation. Then USCIS approves your H-1 if all the documents are in order.
 
Thanks so much...

How long DOS is taking this year? Back in October it was less than two weeks.
 
Statement from Foreign Physician

Hello again,

DOS wants a statement from physician. Do you think follow statement is what DOS wants.

"
A signed statement from the physician agreeing to the contractual requirements set forth in Section 214(l) of the Immigration and Nationality Act as follows:


The alien demonstrates a bona-fide offer of “full-time” (40-hrs) employment at a health facility and agrees to begin employment at such facility within 90 days of receiving such waiver and agrees to continue to work in accordance with paragraph (2) at the health care facility in which the alien is employed for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances such as the closure of the facility or hardship to the alien would justify a lesser period of time).

The physician agrees to practice medicine in accordance with paragraph (2) for a total of not less than 3 years [at a facility serving a] geographic area or areas, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals.
"
 
Well here I have a case of more than 4 months hanging at VSC after approval with DOS and State for COnrad...
Noone is able to tell me why?
any ideas?
 
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