"No Objection" letter for J-1 waiver???

[-JUST-]

I'm sure some people already must have gone through F-1 to H-1 visa transfer process. I've browsed through the BCIS website and read all the information regarding the J-1 waiver for 2 year home country residency (Section 212e). I would like to apply for a waiver based on "No Objection" letter from Uzbekistan, but I don't know who can issue such a letter. Ministry of Foreign Affairs (MID)? Ministry of Higher Education?

According to the BCIS website it states:
"...The exchange visitor’s government must state that it has no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, and remaining in the U.S. if he or she chooses to do so... "

Thank you,
-JUST-

[forex]

it would be the ministry of foreign affairs,which will issue the letter.I don't think it will be an easy process though,because I'm sure they will object to your staying in this country not serving the two year requirement.You have to serve it,buddy.

[illusion]

Thank God, i didn't violate that 2 year home country residency policy. But at the same time, i didn't know that it actually plays a significant role in getting H-1...

JUST- i thought you've already gone through that process,tinchlikmi?

[-JUST-]

Forex_dealer, why do you think it would be difficult to get "no objection" letter. If you mean to say that they will try to make it difficult for me so that I will have to bribe them to get the letter, I understand.

illusion, no I am currently doing M.S. and in the meantime jobhunting...so that's my current situation. I want to have this "waiver" issue resolved by the time I graduate hopefully if not...then, I'll have to look for job opportunities outside the US. Canada eh? :) or Europe, Middle East...even Uzbekistan although there aren't many good opportunities.

[forex]

The reason why 212e section has been implemented is to make sure that students and scholars who spent time in the US,go back to their home countries and share their experience and knowledge.
I'm sure Ministry of Foreign Affairs knows about it.Give me one good reason for why they have to give this up and waive it for you?This would make no sense.
My understanding is that your college education has been sponsored by US government.I think it will be easier to get a letter from your administrative officer saying that they don't mind your staying in the US.I'm sure you can explain the current situation in Uzbekistan.

[WASP]

Apply for asylum. It is the easiest way out of the situation you are in, given the "circumstances."

[SmIlIk]

Apply for asylum. It is the easiest way out of the situation you are in, given the "circumstances."

Applying for an asylum maybe easiest way of getting a waiver but not if you are not a refugee :)

JUST, why don't you call Accels and ask for an advice? Since you were sponsored by US organization (maybe they will give you no objection letter) I sense that no objection letter from UZB shouldn't be a necessity.


P.S. Talk to Uzland, he knows way more than a lot of us here on that subject.

[Martingale]

I'm sure some people already must have gone through F-1 to H-1 visa transfer process. I've browsed through the BCIS website and read all the information regarding the J-1 waiver for 2 year home country residency (Section 212e). I would like to apply for a waiver based on "No Objection" letter from Uzbekistan, but I don't know who can issue such a letter. Ministry of Foreign Affairs (MID)? Ministry of Higher Education?

According to the BCIS website it states:
"...The exchange visitor’s government must state that it has no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, and remaining in the U.S. if he or she chooses to do so... "

Thank you,
-JUST-

Q. How do I request a "no objection" statement and where do I send it?
A. You may contact the consular section of your embassy in Washington, D.C., and request a "no objection" statement to be forwarded to the Department of State on your behalf. The Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.

source: http://travel.state.gov/visa/temp/info/info_1294.html#noobjection

hope this helps.;)

BTW, I heard that to get H-1B you don't have to comply with section 212(e) And it's only needed for permanent residency. is that true?:rolleyes:

[-JUST-]

Well, asylum is out of the question for me, but thanks anyway. Just want to work couple of years and gain some experience. But I'm concerned that I might not be able to do so due to the section 212e.

Q. How do I request a "no objection" statement and where do I send it?
A. You may contact the consular section of your embassy in Washington, D.C., and request a "no objection" statement to be forwarded to the Department of State on your behalf. The Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.
source: http://travel.state.gov/visa/temp/info/info_1294.html#noobjection

Yes, I read that part too but when I asked couple of people I know they said that Uzbek Consulate General cannot do it. I personally haven't talked to the Consulate so I am not sure...but i will have to check.

BTW, I heard that to get H-1B you don't have to comply with section 212(e) And it's only needed for permanent residency. is that true?:rolleyes:

I am curious about this too. Does anyone know anything about it?

Smilik, thanks for the tip, I'll try to get a hold of Uzland.

[SmIlIk]

Laziz, as far as I know without a waiver one cannot apply or recieve H1-B Visa. H1-B Visa considered as dual intent Visa that allows you to apply for a Green Card. But then again, people that fall under section 212(c) are not eligilbe for a Green Card (not unless they get their waiver)

However, it is very much so possilbe for a person to apply for 'skilled alien', where if approved you recieve H1-B visa. For example, if you are a superman :)

[forex]

Just,you can still apply for H1b visa.BCIS may approve your application and change your status,but you won't be able to apply for permanent residency.
H1b visa regulation requires the student serve his/her two year home residency requirement,however there are a lot of cases where BCIS has approved the applications.
But it's highly recommended that you waive it.BCIS can reject your application and in that case,you won't be able to do anything.

[Royal]

Just,you can still apply for H1b visa.BCIS may approve your application and change your status,but you won't be able to apply for permanent residency.
H1b visa regulation requires the student serve his/her two year home residency requirement,however there are a lot of cases where BCIS has approved the applications.
But it's highly recommended that you waive it.BCIS can reject your application and in that case,you won't be able to do anything.
H1 vizas closed untill next 2006 October , but peopl hoping for some kind new regulation, such as same like last year addition 20-30 000 for new appilcants from previose year. that may help little.
otherwise just wait or else....

poltical assyalim is little late or could be exact time !!! just provide info that Your parents or any family roots from Andijan !!! that may work, who knows!

[Martingale]

What if you apply for the waiver, but get rejected, how does this influence your chances of getting H-1b?

[Royal]

Adjustments to the J-1 Status

Program Extension___Change of Category____Transfer______Termination___Reinstatem ent
[22 CFR 62.43]______[22 CFR 62.41]______[22 CFR 62.42]__[22 CFR 62.40]__[22 CFR 62.45]

Program Extension

The responsible officer has the discretion to extend a participant's program to its maximum regulatory duration, that is, to the limit imposed by the regulations specific to a program category or to a program sponsor's designation. A new Form DS-2019 reflecting the extension is issued to the participant.

Extensions beyond the maximum program duration are allowed in some program categories for exceptional or unusual circumstances, with approval from the Department of State. To obtain approval for such extensions, the responsible officer must submit a written request that justifies the petition and provides supporting documentation to the Department of State on behalf of the participant. A nonrefundable fee of $198 is payable to the U.S. Department of State. Participants are referred to their responsible officers for additional information. [22 CFR 62.43]

Change of Category

Any change of category must be clearly consistent with and closely related to the participant's original exchange objective, and necessary due to unusual or exceptional circumstances. Participants should address all inquiries regarding change of category to the responsible officer of their programs. The responsible officer submits a written request with supporting justification for the change to the Department of State on behalf of the participant. A nonrefundable fee of $198 is payable to the US Department of State.

If the Department grants the request, the responsible officer issues a new Form DS-2019 that reflects the change. If the request is denied, the participant is expected to return home no later than 30 days from the date of the Department's notice or the program's end date indicated on the Form DS-2019, whichever is later. [22 CFR 62.41]

Transfer

The transfer of a participant from one program (sponsor) to another may be allowed at the discretion of the responsible officers and must be within the same category. The responsible officer of the program to which the participant seeks to transfer is required to verify the participant's visa status and eligibility, to issue a new Form DS-2019 reflecting the transfer, and to obtain the release of the participant from the current responsible officer, who indicates approval of the transfer by completing and signing block 8 of the new Form DS-2019. Transfers are not permitted in all categories, and a transfer does not extend the maximum duration of the program. Participants should address all inquiries regarding change of category to the responsible officer of their programs. [22 CFR 62.42]

Termination

Participants are subject to the Department of State's Exchange Visitor Program regulations, and to the rules specified by their sponsors. Participants found to be in violation of program regulations and/or sponsors' rules may be terminated from the program.

Other grounds for termination include, but are not limited to 1) failure to pursue the exchange activities for which the participant was admitted to the United States; 2) inability to continue the program; 3) willful failure to maintain insurance coverage as required under 22 CFR 62.14; and 4) unauthorized employment. [22 CFR 62.40]

Participants who withdraw or are terminated from their exchange programs are expected to leave the United States immediately,.

Reinstatement

Reinstatement to valid program status becomes necessary when 1) an exchange visitor's participation in his or her program has somehow interrupted or ended; or 2) the participant remains in the United States beyond the program end date indicated on the current Form DS-2019. Regulatory violations requiring reinstatement of the visitor's status are classified as: minor or technical infractions, which are considered to be a "correction of the record," and which the responsible officer may adjust without prior authorization of the Department of State; substantive, which require the authorization of the Department of State prior to adjustment; and non-reinstatable.

Minor Or Technical Infractions

These include, but are not limited to: failure to 1) extend a participant's program before the end date on the Form DS-2019; 2) process a program transfer prior to the end date on the Form DS-2019; or 3) receive approval and an amended Form DS-2019 prior to accepting an honorarium or other type of payment for an allowable activity.

The responsible officer may correct the participant's record within 120 days of the stated end date of the participant's program by issuing a new Form DS-2019 that 1) shows continued authorized stay without interruption; 2) indicates the appropriate purpose code and the additional notation "correct the record"; and 3) is dated as of the date the adjusted Form DS-2019 is executed.

Substantive Infractions

These are: 1) failure to maintain valid program status for more than 120 calendar days after the program end date indicated on the Form DS-2019; and, if the participant is a student, 2) failure to maintain a full course of study without prior consultation with (and approval of) the responsible officer or the alternate responsible officer of the sponsor and with the student's academic advisor.

The responsible officer must apply to the Department of State for reinstatement on behalf of the participant. The petition should include: 1) all copies of the participant's Forms DS-2019 issued to date; 2) a new, completed Form DS-2019, showing in Block 3 the new program end date; a copy of the receipt showing that the Public Law 104-208 fee has been paid; a written statement with supporting documentation justifying the request. The statement should 1) declare that the exchange visitor is pursuing at all times the activity for which he or she entered the United States; and show that 2) the participant's failure to maintain valid program status was due to circumstances beyond his or her control or to administrative delay or oversight; and 3) it would be an unusual hardship to the participant if the Department of State does not grant the reinstatement to valid program status.

A nonrefundable fee of $198 is payable to the US Department of State. Program regulations provide additional information on the application process for reinstatement petitions due to substantive infractions.

Non-Reinstatable Infractions

The following infractions preclude reinstatement. Applications for reinstatement submitted to the Department of State showing any of these infractions will be denied: 1) willful and knowing failure to comply with program insurance requirements; 2) unauthorized employment; 3) involuntary suspension or termination from the most recent exchange visitor program; 4) failure to maintain valid program status for more than 270 calendar days; 5) receipt of a favorable recommendation from the Department of State on an application for waiver of section 212(e) of the Immigration and Nationality Act [8 USC 1182(e); and 6) failure to pay the Public Law 104-208 fee.

The information provided here summarizes the reinstatement regulations. Refer to the regulations for additional details and application procedure. [22 CFR 62.45]
http://exchanges.state.gov/education/jexchanges/participation/change.htm

[PainKiller]

What if you apply for the waiver, but get rejected, how does this influence your chances of getting H-1b?The waiver is given to those whom the goverment would love to stay. If you are a genius surgeon, then u will get the waiver, probably. If you are an exchange student in the community colllege, u will never get it.:lol:
U might get the spouce or a child(us citizen), they u can apply for the hardship, which will also be very hard to get.
U can get F1, but the 2 year requiremtn will still be held on you. Just when u r done with school u can go and get it done. Every summer if you spend couple months back home, it will bonus ur statement.

[Jessica]

Great!!! :D I found some people who know about the famous "waiver approval". I need to submit my application for the "waiver" and I just checked that there is a new form that you have to fill out online, then print it out and send to the US Department of State. But in order to complete your application you need to write a letter that answer to this question:

"Please write a statement demonstrating why WWW is eligible to receive a waiver of the two-year home country requirement of the exchange visitor program. The length of the statement may vary."

I think I have to write "Good reasons" why I want to stay here, but I do not idea how to start this letter. I'm Bachelor in biology and I'm working in a research group. I really appreciate if somebody can give me some advice.
Thanks!!!!!!!!!!!!!!!!!;)

[PHOENIX]

Probably, you should talk to your dean/head of laboratory/employer. Then they should write the letter with words kinda "We highly recommend to ...(give this person a waiver?)" or something like this and the reason why they need you for other several years. I know one girl who got it this way.

Good Luck!
PHOENIX

[rosefire]

Just wondering if there is anybody in this forum who got 2 year home stay requirement of J1 waived? Has anybody gotten "No objection" letter? where exactly?
(I've read the posts above, just wanted to know if anybody actually did it and how the results were.)

if yes, please share some info here please!!!
thanks

[Masud]

Just wondering if there is anybody in this forum who got 2 year home stay requirement of J1 waived? Has anybody gotten "No objection" letter? where exactly?
(I've read the posts above, just wanted to know if anybody actually did it and how the results were.)

if yes, please share some info here please!!!
thanks

mana betta (http://forum.arbuz.com/showthread.php?t=35371) shunga taalluqli axborot topas. Shu ikki mavzuni ulab qo'yishsa yaxshi bo'lardi.

Manda ham shu problema, 212(e) subject Uzbegistan. US Gov't sponsored programme.

[SAMARKANDI!]

One good but also hard way is to find a good company to work for. If the company is big and public, they usually sponsor H1Bs together with Green Cards. Their lawyers will take care of all the issues, waivers, visa, card...so long as you are valuable to them before and after hiring :)

Good GPA, experience and excellent communication skills will do :D


Good Luck