WARNING: Getting the final waiver can be time-consuming!

M

MissKitten

Registered Users (C)
A warning to everybody: Getting the favorable recommendation doesn't mean you are finished with the No Objection waiver. You still need to get the USCIS approval notice (= final waiver). You might be able to adjust your status with the fav. rec. but as soon as you need to do consular processing (e.g. to obtain an immigration visa) in your home country you need to present the final waiver!

In my case six month (!) have passed and I still haven't gotten the final waiver. And there are more people in this forum who had to wait for more than six month for the final waiver. I actively followed-up with USCIS CSC by phone, mail, congressperson... no response! Moreover, I got several times false information from USCIS! Just be aware that there could be a huge delay in getting the final waiver.

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Nov 26, 2005 DOS sent fav. rec. to USCIS CSC
Dec 14, 2005 Receipt notice from USCIS CSC
Jun 02, 2006 Still no final waiver issued
 
Yes. It's frustrating. I received favorable recommendation on April 27, but no news from USCIS . Not even a receipt notice. I am going to my local immigration office tomorrow to ask if they can help.
 
Change of Status (J1 to H1B)

Misskitten: You have repeated written in posting that one can apply for or chnage the VISA but for final adjustment one will need USCIS approval notice.

1) Are you referring to immigrant visa petitions (I-140 etc)
2) Can one also apply for change of status to H1B from J1 based on DOS letter.

It seems that you are doing the consulate processing of the immigrant visa where they are asking you for the USCIS approval notice. Right?

3) Did you change your status to any of the non-immigrant visa categories before applying for consulate immigrant visa processing?

Thanks for listening.
 
Hi Neel!

From what read it's possible to adjust from J-1 to H-1b based on a fav. rec.

But if you are abroad and apply for an immigrant visa (mainly familiy based immigration, in my case a K-1 fiancee visa) the consulate wants to see the USCIS approval notice. The fav. rec. is completly worthless.. it doesn't mean anything to them..

I didn't change staus. I went back to my home country after the J-1 expired and my fiance filed a petition for me.
 
My online case status shows - This case has been approved. On June 7, 2006, an approval notice was mailed.

There was 1 month delay for USCIS to acknowledge DoS's recommendation but hopefully the final paperwork will be in the mail this week. Good luck for everyone else who is still waiting to hear from USCIS! I visited my local immigration office, they too warned me about the delay in getting I-612. I don’t think visiting the office speeded up my paperwork but they were able to find both my receipt for I-612 and A numbers. Funny, I’ve got the notice of action the same day I went to the office.
 
> From what read it's possible to adjust from J-1 to H-1b based on a fav. rec.

If you switch from J1 to H1b with a waiver, you can indeed apply for the H1b before you have the USCIS waiver approval. Whoever adjudicates the I129 just processes the waiver along with it.
 
Hey Nemu

Hi nemu, congratulation in getting your waiver. I have some questions, What service center managed your case?

My case is managed my TExas, and it was based in Noobjection letter, but I have checked tha USCIS website and the Texas service center is still revising I-615 files dated December 2005. Does that mean that mine (dated 05/06) will be checked in 5 more months :S

Thanks
 
Service center - Nebraska, it was the no objection (Fulbright) waiver and I believe the website has February 27 for I-612. I suppose they sometimes separate no objection from hardship waivers. Jus a guess.
 
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