Successful J1 waiver (NOS, Philippines)

chasgrich

Registered Users (C)
Thank you so much

Galantry, thank you so much. You've helped me a great deal today and probably saved me at least $1000 and a long and pointless goose chase to have the original DS 2019 notarized, which I would have had to do in Maine. Again I really appreciate your help.:D
 

melai0306

Registered Users (C)
Galantry,

I am currently applying for NOS also. I have just begun so I am still on the first step of authentication of the documents. My J1 was only 3 months and occurred 3 years ago. I am currently on F1 visa and would like to apply for H1B. I wasnt supported by Philippine nor US government on my J1, do you think my case would be easier NOS case?

I am sorry but this maybe a dumb question, I cant find the address on where to send the documents after it is ready? Should I send it to the Philippine embassy in Washington DC or directly to the commission on filipinos overseas. I didnt see the address in the guidelines. Please help.

Thanks. Looking forward to your reply.
 

biosoccer

Registered Users (C)
Galantry,

I am currently applying for NOS also. I have just begun so I am still on the first step of authentication of the documents. My J1 was only 3 months and occurred 3 years ago. I am currently on F1 visa and would like to apply for H1B. I wasnt supported by Philippine nor US government on my J1, do you think my case would be easier NOS case?

I am sorry but this maybe a dumb question, I cant find the address on where to send the documents after it is ready? Should I send it to the Philippine embassy in Washington DC or directly to the commission on filipinos overseas. I didnt see the address in the guidelines. Please help.

Thanks. Looking forward to your reply.
The Application is filed online, once you complete all the information, you will have to print it all, add the requested documentation and payment and the address you have to submit everything will be there (mailed to the Department of State).

And yes, your waiver should be fairly easy to get as you don't have government funding of any kind involved.
 

galantry

Registered Users (C)
Galantry,

I am currently applying for NOS also. I have just begun so I am still on the first step of authentication of the documents. My J1 was only 3 months and occurred 3 years ago. I am currently on F1 visa and would like to apply for H1B. I wasnt supported by Philippine nor US government on my J1, do you think my case would be easier NOS case?

I am sorry but this maybe a dumb question, I cant find the address on where to send the documents after it is ready? Should I send it to the Philippine embassy in Washington DC or directly to the commission on filipinos overseas. I didnt see the address in the guidelines. Please help.

Thanks. Looking forward to your reply.

Melai,

The granting of the NOS depends on 2 important factors -- no government or international funding and the candidate's degree or training is not in the skills list. If you check on both factors, you have a very high chance of getting the NOS, granting that in addition to the factors mentioned, you also submit to the CFO all the other requirements in a timely, organized and accurate/legal manner. If your answer to all of the following questions is NO, then you are 100% eligible for the NOS:

1) Is my J-1 sponsored by the US, Philippine or another government, by the NIH, NIDCR, EPA, etc or by an international organization (UNICEF, Amnesty International, ASEAN)?
2) Does the field of study that is described in my DS-2019 fall under one of the skills list needed by the Philippine government?
3) Am I a physician trainee in the US?
4) Is my employer right before starting my J-1 hesitant to give me a clearance?
5) Will the CFO doubt or question the veracity, completeness and legality of all my documents?

With regard to your second question, what documents are you referring to? Your NOS-related documents are sent to the CFO after authentication. Your J-1 waiver documents (including your NOS) are sent to the US Dept of State by you or by a Philippines embassy or consulate in the US for your NOS. Look for the addresses at the CFO and DOS websites.

Cheers,
Galantry (H-1B visa holder now)
 

swtblcn23

Registered Users (C)
I am sorry but this maybe a dumb question, I cant find the address on where to send the documents after it is ready? Should I send it to the Philippine embassy in Washington DC or directly to the commission on filipinos overseas. I didnt see the address in the guidelines. Please help.
Melai, which documents are you refering to? Is it application for NOS from CFO? If yes, here is the address:

Commission on Filipinos Overseas
Citigold Center, 1345 President Quirino Avenue
corner South Superhighway, Manila
Philippines 1007

If you already applied online with the Department of State for the waiver, the address is:

Postal Service

US Department of State
Waiver Review Division
P. O. Box 952137
St. Louis, MO 63195-2137

Courier Service

US Department of State
Waiver Review Division
(Box 952137)
1005 Convention Plaza
St. Louis, MO 63101-1200

You only send documents for authentication to the Philippine Embassy in Washington. There is one document you need to authenticate that is not listed in the guidelines (when I did mine it wasn't listed). It is the "Third Party Barcode Sheet", which you will have after applying on line with the Deparment of State.

Hope this will help you. Keep us posted
 

galantry

Registered Users (C)

You only send documents for authentication to the Philippine Embassy in Washington. There is one document you need to authenticate that is not listed in the guidelines (when I did mine it wasn't listed). It is the "Third Party Barcode Sheet", which you will have after applying on line with the Deparment of State.

As far as I know and have experienced, the third party barcode is sent to the embassy not for authentication but for it to be sent with the NOS by the embassy. The CFO only requires the waiver file number issued by the DOS that is generated online when an application for the waiver is initiated. The third party barcode is not sent to the CFO so it does not need to be authenticated.
 

swtblcn23

Registered Users (C)
As far as I know and have experienced, the third party barcode is sent to the embassy not for authentication but for it to be sent with the NOS by the embassy. The CFO only requires the waiver file number issued by the DOS that is generated online when an application for the waiver is initiated. The third party barcode is not sent to the CFO so it does not need to be authenticated.

I am basing my answer on my experience. When I applied for my waiver, the CFO asked me to authenticate the Third Party Barcode and then send it to them. I got furious because it wasn't on the list but what can I do right? So, maybe its a case to case basis. I would suggest that Melai should call CFO directly if she needs it done also or not.
 

galantry

Registered Users (C)


I am basing my answer on my experience. When I applied for my waiver, the CFO asked me to authenticate the Third Party Barcode and then send it to them. I got furious because it wasn't on the list but what can I do right? So, maybe its a case to case basis. I would suggest that Melai should call CFO directly if she needs it done also or not.

I am sorry that you had to experience that. I would have been upset too if I were in that same situation. However, that whole situation there is a little ludicrous. DOS is very specific in its instructions about the third-party barcode page -- send it to the embassy that will, together with the NOS, submit that page to them. In addition, it does not make sense to authenticate a barcode!!! I mean seriously. Authentication is generally only done on signed documents and on manufactured items. The third-party barcode page is electronically generated in pdf file, and the DOS barcode is not like the UPC barcode that could be readily decoded by anybody, much less authenticated. The CFO must have a reason for doing that to you, though because your case is unique as far as I am concerned.
 

branpaul_guiao

Registered Users (C)
Galantry,

I am currently applying for NOS also. I have just begun so I am still on the first step of authentication of the documents. My J1 was only 3 months and occurred 3 years ago. I am currently on F1 visa and would like to apply for H1B. I wasnt supported by Philippine nor US government on my J1, do you think my case would be easier NOS case?

I am sorry but this maybe a dumb question, I cant find the address on where to send the documents after it is ready? Should I send it to the Philippine embassy in Washington DC or directly to the commission on filipinos overseas. I didnt see the address in the guidelines. Please help.

Thanks. Looking forward to your reply.

hi melai0306, you mentioned that you're currently on F1 visa, and had J1 3 years ago. does it mean you were able to convert your visa/change status from J1 to F1 without the waiver?

Thanks. =)
 

melai0306

Registered Users (C)
Hello Branpaul,
Yes, I was originally J1 (3 yrs ago), changed to F1 in Philippines embassy. I dont think they require waiver when changing from J1-F1. But they require waiver when changing from J1-H1 or green card.

Thanks.
 

melai0306

Registered Users (C)


I am basing my answer on my experience. When I applied for my waiver, the CFO asked me to authenticate the Third Party Barcode and then send it to them. I got furious because it wasn't on the list but what can I do right? So, maybe its a case to case basis. I would suggest that Melai should call CFO directly if she needs it done also or not.

Hello Swtblcn23, thanks for the response. I didnt know you need to authenticate the "third party barcode sheet". Based on your discussion with Galantry, I am sorry but I am a little confused, where do I send my "third party barcode sheet" to the Philippine embassy in DC or to CFO in Philippines?
 

melai0306

Registered Users (C)
Melai,

The granting of the NOS depends on 2 important factors -- no government or international funding and the candidate's degree or training is not in the skills list. If you check on both factors, you have a very high chance of getting the NOS, granting that in addition to the factors mentioned, you also submit to the CFO all the other requirements in a timely, organized and accurate/legal manner. If your answer to all of the following questions is NO, then you are 100% eligible for the NOS:

1) Is my J-1 sponsored by the US, Philippine or another government, by the NIH, NIDCR, EPA, etc or by an international organization (UNICEF, Amnesty International, ASEAN)?
2) Does the field of study that is described in my DS-2019 fall under one of the skills list needed by the Philippine government?
3) Am I a physician trainee in the US?
4) Is my employer right before starting my J-1 hesitant to give me a clearance?
5) Will the CFO doubt or question the veracity, completeness and legality of all my documents?

With regard to your second question, what documents are you referring to? Your NOS-related documents are sent to the CFO after authentication. Your J-1 waiver documents (including your NOS) are sent to the US Dept of State by you or by a Philippines embassy or consulate in the US for your NOS. Look for the addresses at the CFO and DOS websites.

Cheers,
Galantry (H-1B visa holder now)



Thanks Galantry. I am now awaiting my documents from the Philippine embassy for authentication. I'll keep you posted.
 

swtblcn23

Registered Users (C)
Hello Swtblcn23, thanks for the response. I didnt know you need to authenticate the "third party barcode sheet". Based on your discussion with Galantry, I am sorry but I am a little confused, where do I send my "third party barcode sheet" to the Philippine embassy in DC or to CFO in Philippines?
You are welcome! You need to send it first to Phil Embassy in DC so they can authenticate. Then send it to CFO in Manila. This of course depends if CFO told you to do so. I would call or send an email to CFO to make sure. Good luck!
 

branpaul_guiao

Registered Users (C)
Hello Branpaul,
Yes, I was originally J1 (3 yrs ago), changed to F1 in Philippines embassy. I dont think they require waiver when changing from J1-F1. But they require waiver when changing from J1-H1 or green card.

Thanks.

i see. thanks!

another question. when you fill out the DS 3035 online, did you already state there that you want to convert your current visa into a non-immigrant H1B visa? does it have to be specific? thanks again.
 

jcupertino

New Member
Was your program included in the skills set requirement?

Since very few experiences from Philippine nationals are posted here, I decided to post mine.

All cases are unique so this might not apply to you.

The No Objection Statement (NOS) for Philippine nationals is issued by the Commission for Filipinos Overseas (CFO). All NOS supporting documents issued in the US for submission to the CFO must be notarized and authenticated by the county, state and finally by a Philippine embassy or consulate in the US. Check the CFO and Philippine embassy websites for the required documents and fees.

Okay, here's the complete time line of my J1 waiver experience:

July 2008 - Started collecting all the documents needed for the NOS application. All documents were notarized with all the signatories signing the documents in front of the notary public. The notarized documents were authenticated first by the Clerk of Court of the county where the notary public was registered. Then, all the authenticated documents were further authenticated by the Secretary of State. It was a tiring and expensive ordeal! :eek:

August 2008- In the second week of this month, all the notarized and double authenticated documents were sent to the Philippine embassy. It only took five working days for the documents to be authenticated and sent back to me by the Philippine embassy. Not bad! :) . In the third week of this month, I sent all the documents to the CFO. Simultaneously, except for the NOS, all the other documents were sent to the DOS.

September 2008 - DOS received the documents. CFO issued my NOS.

October 2008 - DOS received my NOS.

December 2008 - Received the favorable recommendation by mail.

January 2009 - Received the formal waiver of the 2-year residency requirement from the USCIS. YAY! :):):)
 

galantry

Registered Users (C)
Hi guys,

After getting a waiver of the J1 2-yr HRR, I moved to H1. Then, after a little less than one year on H-1, I applied for a green card under the EB2-NIW category. It was a self-petition and a self-representation which means I did it all by myself without a lawyer. I thought that the lawyers I had talked to did not have a solid understanding of my work so I was not sure if they could really write a strong and convincing cover letter for my petition. And besides, I wanted to put my good command of the English language to use.

After just seven weeks, I got approved and 2 weeks after that, I got my green card in the mail. I was really happy how things sailed through without hitting a big wave.

My advice to you guys is to first trust your capabilities. Only you can truly determine and sell your strengths in the cover letter. When in doubt or if you're not convinced that your case is strong enough, probably it is not and it would be best to wait a year or two to build a more attractive resume.

You can also seek the help of an attorney but remember, the lawyers can only do as much and in the end, it is your qualifications and your background that will eventually land you a green card.

Meet people in conferences. Attend the lectures of prominent people and if you get a chance to ask them a simple question after the end of their talk, do it and hand them a business card. I got five letters from well-respected and top scientists in my field by politely reminding them of our brief meeting (with my attached CV) and asking them if they could provide me a letter of support for my green card. All of them gladly wrote strong recommendations for me.

Scientific papers, even the simple ones with you as the second to the last author, count. So collaborate, collaborate and collaborate. And be nice too.

Lastly, super organize your application packet like your sanity depends on it or like how you wanted it to be presented to you. Immigration officers are just humans who could get exasperated and tired just from looking at disorganized and dirty application packets, especially that they read tons of documents at a time. An angry officer has clouded thoughts and partial judgment. Do not be a victim of it.

Thanks immigration portal folks for being a guide and a ready reference for my immigration journey in the United States. God bless America. It is now my permanent home too.

Galantry
 
Last edited by a moderator:
Top