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- J1 Waiver Favorable Recommendation Next Step
I've previously shared my complete journey on applying for the 212(e) rule, also known as the 2-year home residency requirement, and obtaining a J1 visa waiver. In case you missed them, you can easily catch up by following these links. Introduction J1 Waiver (Stage 1) J1 Waiver (Stage 2) J1 Waiver (Stage 3) Table of Contents: J1 Waiver Favorable Recommendation J1 Waiver Favorable Recommendation J1 Waiver Approval Notice I-612 Approval Notice DOS vs USCIS Approval FAQs on J1 Waiver Favorable Recommendation After getting a positive J1 waiver favorable recommendation from the Department of State (DOS), many of us are curious about what to do next. We might have questions about what this "J1 waiver favorable recommendation" really means and what we should do after receiving it. Related: EB1 Green Card Example J1 Waiver Favorable Recommendation A J1 waiver favorable recommendation means that the Department of State (DOS) is in favor of granting you the waiver and your case will be sent to the U.S. Citizenship and Immigration Services (USCIS), which will ultimately make the final decision on your situation. You will receive a notification letter from the DOS informing you that your case has been sent to USCIS. This letter will be sent to you by mail. In my own experience, I received this letter quite late – around 2 months after the fact – and I wasn't even anticipating it, as I was unaware of the process. Related: How to update the address for a J1 waiver? J1 Waiver Approval Notice After your case is transferred to the USCIS from DOS, USCIS will send you a notice of action (Form I-797C) within a few weeks. I-797C notice will include a receipt number for your case and using this receipt number you can check the status of your case on the USCIS website. In addition to the receipt number, the I-797C form includes information such as the notice type ("Receipt Notice"), your case type ("I612 - Application to waive foreign residence requirement"), received date, notice date, and applicant name. Note that this Form I-797C is only the receipt notice and not the actual approval notice which you will receive next. It would look like this. Related: J1 to H1B It will take USICS a few weeks to months to take final action on your case, for me it was surprisingly fast my status changed to "case was approved" in 2-3 weeks. I-612 Approval Notice Once your case is approved, USCIS will send you another notice of action, Form I-797 with notice type ("Approval Notice") and case type ("I612 - Application to waive foreign residence requirement") which is also called J1 waiver approval notice. I have provided a sample approval notice below. This is the final document and no step is needed further for the J1 waiver. DOS vs USCIS Approval It is important to know that obtaining a favorable recommendation from the Department of State (DOS) does not guarantee that your waiver application is approved by USCIS. Related: Change of status to B2 The USCIS will have to approve your waiver request. However, a DOS favorable recommendation can significantly increase your chances of obtaining a waiver from USCIS. The following table about "INA 212(e) Waiver Recommendations - FY 2021" will give you an idea, of how many people applied for waivers under different categories and what was the refusal rate for fiscal year 2021 (if you can not see the table please open this link for a better mobile experience). Reference: US Department of State Now, I get a lot of questions from people asking what will happen to my J2 dependent. Do I need to file separate waivers for them? Related: How to expedite J1 waiver? The approval notice that you will get from USCIS will indicate that you or your dependent (J2 visa holder) are granted a waiver by the USCIS. So, you just need one waiver but if your spouse has his/her own J1 visa then they have to go through their own J1 waiver. Please keep in mind that once subjected are always subjected until you obtain a waiver or fulfill the 2-year home residency rule. For example, if you change your visa type from J1 to F1 for studies, you would still need the waiver when you apply for an H1B visa from an F1 visa after your studies. Happy to help anyone going through the process. Please write your question in the comment section below. Thank you! FAQs on J1 Waiver Favorable Recommendation How to follow up with the Department of State for a J1 waiver application? You can contact the Department of State via email at 212ewaiver@state.gov. Typically, they respond within 7 to 10 days. How to track the status of the J1 waiver favorable recommendation (from the Department of State)? You can check the status of your application at https://j1visawaiverstatus.state.gov/. Is the I-612 approval notice required for a J1 waiver? Yes, the I-612 approval notice is the final document you should receive from USCIS, serving as proof of your J1 waiver. How to track the status of I-612 approval? You can track the status of I-692 on the USCIS website using the receipt notice you received before obtaining final approval. I have not received a receipt number from USCIS after my case was transferred by DOS. What should I do? There could be two possible reasons that I can think of: Your address has changed since you applied for a J1 waiver. You can update your address by following the instructions in this blog and requesting a copy of the notice. Your case was not transferred to USCIS. In this case, check with DOS by following up via email at 212ewaiver@state.gov. What is the current processing time for the I-612 application at USCIS? The I-612 application is processed at the Vermont and California service centers. The processing time for I-612 approval in 80% of cases is as follows: You can check the current processing time on the USCIS website, as these times are subject to change. How to follow up with USCIS for the I-612 approval notice? You can reach out to USCIS through the virtual chat assistant, Emma, or by calling them directly at 800-375-5283. Using the virtual assistant is more convenient, as calling may involve longer waiting times. Be sure to have your receipt number ready before contacting USCIS via Emma or phone. Is the I-612 document required for filing a green card? Yes, if you were subject to the two-year home residency rule, you will be required to submit the I-612 approval notice during the green card processing. You will not need it during I-140 filing but you will need it for I-485 filing. Do I require an I-612 for the transition from J1 to H1B? Yes, you will need the I-612 document as proof of the waiver when transitioning from J1 to H1B. Next: Options after J1 Visa Expires Related Posts ✔ Go to the Main menu ✔ J1 visa to a Green Card ✔ Priority dates for India ✔ J2 EAD application process Related Topics
- H1B Layoff: What Are the Options If You Get Laid Off on H1B?
After being laid off on an H1B visa, it's undoubtedly a challenging situation. However, there are options available to navigate through this difficult period. Here are the potential alternatives or steps you can consider if you find yourself in a similar situation on an H1B visa. I was recently laid off while on an H1B visa and approached Dataneb to publish this article, hoping it could be useful for others facing similar circumstances. Table of Contents: H1B Layoff H1B Layoff Trends Options After H1B Layoff Change of Status Finding Job After H1B Layoff Departing US FAQs on H1B Layoffs H1B Layoff Trends Below is the H-1B layoff trend in the last five years. One of the major layoffs occurred when COVID hit, and the second wave of layoffs was post-COVID. Options After H1B Layoff Experiencing an H-1B layoff can be challenging, but there are several options to consider: Payroll Extension Request: Be honest, explain your situation, and request your employer to run payroll for some time to buy yourself additional time. Typically, if you have a good relationship with your employer, they may consider your request, granting you an additional 1-2 months. As long as your payroll is active, you will not be out of status. Find Another Job and Transfer H-1B: Start looking for a new job. Once you secure a job offer, your new employer will need to file an H1B petition. You can commence work as soon as you receive the receipt number. Fortunately, I managed to secure a job within the 60-day H1B grace period. Further Education: Pursuing higher education in the U.S. on an F-1 visa might be an option. This could provide you with additional time to find new opportunities while gaining new skills. Change of Status: Explore alternative visa options to determine if you qualify for a different type of visa that enables you to legally stay in the US. For instance, you might consider changing your status to a B1/B2 tourist visa. Consult an Immigration Attorney: Immigration laws are complex and subject to change. Consulting with an immigration attorney can help you navigate the process, understand your options, and ensure compliance with regulations. Leave the US: If you are unable to find a new employer or qualify for a different visa, departing the US becomes necessary. You will need to leave within the grace period provided by USCIS, typically set at 60 days. Leaving the country is not the end of the world, you can still look for a sponsor from your home country. Change of Status If you are on an H-1B visa and have been laid off, you may be eligible to change your status to a different visa category. Here are some visa categories that you may be able to switch to: F-1 Student Visa: If you are interested in pursuing further education in the United States, you may be able to switch to an F-1 student visa. Your status will change from H-1B to F-1, and your dependents' status will change from H-4 to F-2. B1/B2 Visitor Visa: If you do not have immediate plans to work in the United States but would like to stay for a short period, you and your family can switch to a B1/B2 visitor visa. Read more. H4 Dependent Visa: If your spouse is on an H1B visa, you can switch to an H4 visa. Furthermore, if your spouse has an approved I-140, you can apply for an H4 Employment Authorization Document (EAD) and work in the US. If the primary H1B visa holder has an upcoming extension, you can file an H1B extension, your H4 Change of Status (COS), and H4 EAD together and request premium processing. Read more. J2 or F2 Visa: If your spouse is on a J-1 or F-1 visa, you can switch to a J-2 or F-2 visa temporarily and concurrently continue searching for a job. Read more. Finding Job After H1B Layoff Finding a new job quickly after an H-1B layoff can be challenging. I recognize that being laid off adds an extra layer of difficulty to the process, but there are a few steps you can take to expedite the job search and increase your chances of success. Update Resume: Do not upload the same resume everywhere. Make sure your resume is tailored to match the job details. It's beneficial to add a few lines to your resume based on the specific requirements of the job. Leverage Your Network: This greatly assisted me in scheduling interviews within a short period. Reach out to your professional and personal contacts to explore potential job opportunities that align with your skills. Additionally, consider joining online networking groups and connecting with recruiters on LinkedIn. Online Job Boards: Utilize online job boards like Glassdoor, Indeed, and LinkedIn to search for job opportunities in your field. Customize your search by location, job title, and other relevant criteria to narrow down your options. One of the significant advantages post-COVID is the abundance of remote job opportunities. Work with a Staffing Agency: Consider working with a staffing agency that specializes in your industry. They can help match you with job opportunities quickly that align with your skills and experience. Be Proactive: Follow up on job applications and reach out to potential employers directly to express your interest in their company and inquire about any job openings. Remember to stay organized, track your job search progress, and be patient, as finding a new employer on an H-1B visa may take time. If you are getting a 3 to 5% response for your job application, you are doing well. Ensure that potential employers are aware of the H-1B visa process and are willing to sponsor you before investing significant time and effort into the application process. Departing US If you are on an H-1B visa and have been laid off, you automatically receive a 60-day grace period. It's important to note that any severance notice period is considered separate from the USCIS grace period. The grace period, granted by USCIS, allows H-1B visa holders time to make arrangements to depart the United States or find a new employer to sponsor their visa. Related: H1B grace period with severance If you are unable to find a new employer or qualify for a different visa within the grace period, you will need to depart the United States before the grace period ends. If you fail to depart the United States within the grace period, you may be subject to deportation and future visa ineligibility. FAQs on H1B Layoffs How long can I stay on H1B without a job? H1B visa holders have a 60-day grace period to stay in the US without employment, assuming their I-94 remains valid during this period. Can an H1B visa holder enter the US if laid off while abroad? It's not advisable to enter the US on an H1B visa if you have been laid off while outside the US. Essentially, when entering on an H1B visa, you cannot tell the CBP officer that you are still working for that employer. Doing so would be illegal. If you are serving a notice period and you have a future termination date, in that case, you can travel using your H1B visa. Otherwise, you should consider entering the US on other visas, such as a tourist visa. What are the consequences of H1B out of status? Consequences of being out of status on an H1B visa may include: Unlawful presence Deportation Ineligibility for extensions or change of status Impact on future visa applications Complications for adjustment of status (permanent residency) Next: Change of Status to B2 Related Posts ✔ How to apply for H4 EAD ✔ How to expedite the USCIS application ✔ Premium processing Related Topics
- Lost Indian Passport in the USA: Reissue, Processing Time, Fees, and Emergency Certificate
If your Indian passport is damaged, lost, or stolen in the USA, the first step is to immediately report the incident to the local police station where you live or where you think you lost your passport and obtain a police complaint report. A copy of the police report will be useful when you apply for a fresh passport. The next step is to inform the Indian consulate and then apply for the re-issue of the passport on the VFS website. If you have to travel back to India in an emergency then apply for an Emergency Certificate. Table of Contents: Lost Indian Passport in the USA What happens to the Visa Stamp? How to Apply for Lost Indian Passport in the USA Lost Indian Passport in the USA - Processing Time Police verification for Indian passport Lost Indian Passport in the USA - Fees FAQs on Lost Indian Passport in the USA What happens to the Visa Stamp? If an Indian passport is lost in the USA with F1, J1, H1B, or B1/B2 visa stamps, and you plan to return to the US, you will need to get new stamping done separately once you obtain a fresh passport. Unfortunately, you cannot get it within the US; you have to travel back to India to complete the stamping process. If you are currently in the United States and happen to lose your visa, you can stay in the US for the authorized period mentioned on your I-94 'admit until' date. However, if your authorized stay is over, you will need to fly back regardless. Make sure to have the following documents with you if you plan to travel to India with a new passport and without a visa: Police report for the lost passport New Passport Old passport copy (if available) Old visa copy (if available) Latest I-94 copy DS-2019 for J1 visa, I-797 for H1B or L1 and I-20 for F1 (if applicable) Emergency certificate (if applicable) Any other Indian IDs like DL, Aadhar Card, etc. To leave the United States and enter India, you must have a valid passport. That's why getting a new passport is necessary. How to Apply for Lost Indian Passport in the USA Visit the local police station and report your passport is lost or stolen with details of the incident. Report lost/stolen passports to your embassy, preferably via email for your records. You can find the Indian embassy's physical address and other contact information here. Note that the embassy won't assist you with the passport application; VFS Global will handle the process. Apply for re-issue of passport on VFS website under lost category: Start here to apply for a passport. The process is similar to passport renewal steps. Print the online passport application form. Post the application along with the required documents to VFS Global. Get a fresh passport in 3 to 5 weeks (without visa stamps). If you have to travel early, apply for an Emergency Certificate. This link is for CGI-SF. Lost Indian Passport in the USA - Processing Time The normal processing time for a lost or stolen passport in the USA is 3 to 4 weeks. There is no Tatkal service for a lost/stolen passport. The passport is issued after checking the applicant's Police Verification Records (PVR) in the consulate system. Police verification for Indian passport renewal in USA (VFS) If the Indian embassy can't find your PVR records, then they will send your case to authorities in India, and it might take longer to process. If the Indian embassy is waiting for the Police Verification Report (PVR), it could take around 30 days or more (not counting VFS's processing time). To avoid additional delay, make sure you mention the correct address where you live in India so that your police verification goes smoothly. Be specific and include your police station, district, and PIN code. Lost Indian Passport in the USA - Fees The minimum fee for the re-issue of a passport in case of lost or stolen is $167.90. This could vary depending on the passport booklet pages. FAQs on Lost Indian Passport in the USA Do I need to report a stolen Indian passport? Yes, it is important to report the loss of the passport to the nearest police station and obtain the police complaint report. Additionally, you should also report to the Indian embassy. You can find the contact details of the Indian embassy in the US here. How to report a lost or stolen Indian passport? You need to visit the nearest police station in your area and report the incident. Keep a copy of the lost passport/visa if available. Try searching your email, phone images, and laptop; typically, you will find a copy. Can a US Visa be replaced in the USA? No, you can not apply for a new visa with a new passport within the US. Can I apply for an H1B visa extension using a new passport within the US? Yes, you can apply for an extension using a new passport. If you have to travel outside the US and re-enter then you will need a visa stamp. I lost my passport and I am flying tomorrow, what to do? You need to visit the CGI in person after applying online for an Emergency Certificate (EC). Bring the necessary documents and your EC application to the counter on the appointment day. Note that only a few people get appointments each day, between 9 AM and 12 PM. It works on a first-come, first-served basis. What is an Emergency Certificate? An emergency certificate is issued for one-way travel to India after verifying your Indian nationality. It's issued only in case of an emergency. What's the processing time for the Indian Emergency Certificate? The processing time for an Emergency Certificate can vary from a few days to a week, depending on the urgency. Nevertheless, the Emergency Certificate (EC) is issued only after confirming Indian nationality and passport details. What's the fee for an Emergency Certificate? The fee for an Emergency Certificate is $17. Fees need to be paid through two separate money orders or cashier's cheques of $15 and $2. Personal cheques, credit, and debit cards are not accepted. What is the fastest way to replace a lost passport? There is no Tatkal or expedited service for replacing a lost passport. In case of emergency travel, apply for an emergency certificate, which you can obtain relatively faster depending upon the urgency. How much does it cost to replace a lost passport? The fee is $167.90 for 36 pages booklet. How long to replace a lost passport? It can take up to 3 to 5 weeks. Does your passport number change when you renew it? The fresh passport will be assigned a new passport number, without any visa stamps, and will be valid for 10 years. Can I travel within the country to apply for a passport without having a passport? Typically, for domestic flights, you are not required to have a passport. However, you'll need to provide a valid form of government-issued identification, such as a driver's license or state ID. If you've lost your passport and are in the process of applying for a new one, it's wise to check with the airline and the Transportation Security Administration (TSA) for their specific identification requirements, as they may have updated policies or special considerations. Can I use my lost passport if I find it? If you report to the U.S. Embassy or Consulate that you lost your visa, and then you find it later, your visa won't work for future trips to the United States. You need to apply for a new visa at the U.S. Embassy or Consulate in that case. Next: Indian Passport Renewal Related Posts ✔ B1/B2 visa interview questions ✔ B1/B2 visa length of stay ✔ Tourist visa for USA Related Topics
- Which is Better for a Green Card: L1 Visa or H1B Visa?
There isn't a definitive answer as the choice between L1 and H1B visas depends on individual circumstances and employer sponsorship. However, for individuals from India who are eligible for a green card under the EB2 category, opting for an H1B visa is a better choice, in comparison to an L1B visa. This is because H1B visa holders with an approved I-140 petition can extend their H1B visa for 3 years and can continue doing so until they receive their green card, even after reaching the maximum allowed stay of six years. In contrast, L1 visa holders are required to return to their home country after completing their authorized stay. This is because L1 visa holders can not extend their visas based on an approved I-140, unlike H1B. L1 visa holders can apply for an adjustment of status (I-485) when their priority date is current. However, L1 visa holders can participate in the H1B lottery each year during their authorized stay. If fortunate enough to be selected, they can then transition to the H1B visa. If you qualify for the EB1 green card category, it doesn't matter whether you're an L1 or H1B visa holder. You can submit an adjustment of status (I-485) within your maximum stay period and obtain your green card. For individuals from other countries (other than India and China), green card processing is typically faster, so visa type does not have a significant impact. Table of Contents: L1 or H1B Which is Better for a Green Card Introduction H1B vs L1 Visa What is an H1B Visa? What is an L1 Visa? Difference Between H1B and L1 Visa FAQs on H1B vs L1 Visa Most individuals end up in the EB2 category, which has a backlog of several years, especially for countries like India there is a backlog of 10-15 years. So, if you are an L1 visa holder then you have to go back to your home country and wait. It's worth noting that your I-140 remains valid, maintaining its priority date. Related: Priority date for India Both L1 and H1B visa holders require an employer to file their green card. Self-petitioning is not an option for individuals with L1 or H1B visas; the employer must sponsor and initiate the green card process. H1B vs L1 Visa In addition to the green card benefits, H1B has other advantages, such as job flexibility, allowing you to change employers. On an L1 visa, this flexibility is restricted, as L1 visa holders can only undertake intra-company transfers within the same employer. Furthermore, dependents of L1 visa holders (with L2 status) enjoy certain advantages over H1B dependents, as they can work without needing an Employment Authorization Document (EAD). What is an H1B Visa? An H1B visa is a type of non-immigrant visa that allows foreign workers to come to the United States and work in specialty occupations. These jobs usually require a higher level of education, like a bachelor's degree or equivalent experience. H1B visas are often used by professionals in fields such as technology, science, engineering, and medicine. The visa is usually sponsored by an employer in the U.S., and it allows the holder to work for that specific employer for a certain period, typically up to six years. During this period foreign workers can switch their jobs if they find another sponsoring party with better employment opportunities. What is an L1 Visa? An L1 visa is also a type of non-immigrant visa that allows multinational companies to transfer employees from their foreign offices to their offices in the United States. There are two subcategories of L1 visas: L1A for managers and executives, and L1B for employees with specialized knowledge. The visa is typically used for intra-company transfers, enabling employees to work in the U.S. for a specific period, often up to five or seven years. The employee must have been working for the company abroad for a certain duration, and the transfer is usually temporary, allowing the employee to gain experience and contribute to the U.S. branch of the company. Difference Between H1B and L1 Visa Below are some key differences between an H1B visa and an L1 visa: FAQs on L1 or H1B Which is Better Is H1B better than L1? H1B visa offers more flexibility as compared to an L1 visa who wish to work in the US for a longer period. Can an L1 visa holder apply for the H1B lottery? Yes, your employer can apply for the H1B lottery each year until you are selected. It's common for individuals to switch from L1B to H1B status if they initially come to the U.S. on L1B and later secure an H1B visa through the lottery. How long does it take to process the L1 I-485 application? 8 to 10 months depending upon the current processing time of USCIS. How long does it take to process the L1 I-140 application? The processing time for I-140 for L1 visa holders can vary from a few days (within 15 days if applied in premium) to several months (6 to 9 months for normal processing). Which is better L1A or L1B for the green card? L1A is a better option as you might be eligible to file a green card under the EB1 category which is faster as compared to the rest of employment-based green cards. Next: Green card priority date India Related Posts ✔ How to request USCIS premium processing ✔ How to apply for H4 EAD ✔ Change of status to B2 Related Topics
- Sample Statement of Reason (J1 Waiver)
Many people have been commenting on my J1 waiver blogs that they would like an example/template/sample for the Statement of Reason so they can get an idea of what to write in the J1 waiver statement of reason. If you missed my previous blogs, refer to the J1 waiver steps here. Introduction J1 Waiver: Stage 1 J1 Waiver: Stage 2 J1 Waiver: Stage 3 In this blog I am sharing what I wrote in the J1 waiver support letter (and a few other samples), please take a look and modify the sample DS-3035 letter based on your situation. You can explain on what basis you are applying for a J1 waiver, it could be a visa change, continuation of research work, marriage, job opportunity, etc. Table of Contents: J1 Waiver Statement of Reason DS 3035 Sample Statement of Reason Letter (Example 1) J1 Waiver Statement of Reason (Example 2) J1 Waiver Statement of Reason (Example 3) J1 Waiver Statement of Reason Marriage (Example 4) J1 Waiver Statement of Reason Divorce (Example 5) How to Write a Statement of Reason? Conclusion FAQs DS 3035 Sample/Example Statement of Reason Letter (Example 1) I am currently working as a post-doctoral research fellow at . I am currently on a J1 visa and my exchange visitor eligibility form (DS 2019) started on and ends on and includes a two-year home residency (section 212e) requirement. As an exchange scholar, I am involved in full-time research in . I am . My statement: I am investigating cellular and molecular mechanisms of HIV-induced neurodegenerative disease (neuroAIDS) in the presence of co-morbidity factors, such as drugs of abuse. I am also studying the effect of interferon-β and highly active anti-retroviral therapy on the biological function of neurons, glia, and macrophages. Related: How to apply for B1/B2 visa for parents? My research has promising results; hence I am confident my further work in this field will provide novel therapeutic avenues. My research work is progressing extremely well and has resulted in a recent (2020) publication in the prestigious ‘Journal of Neuroinflammation’. Furthermore, I have made several crucial discoveries through my research, which require additional time to be concluded and translated into possible new, and influential publications. The purpose of my request for a J1 waiver is to be able to continue to work at my current research laboratory at and to be able to complete all my pending projects. Since I am the lead person in my research projects, my employer and I think I must stay in the US and complete my projects by obtaining the J1 visa waiver. Therefore, I am requesting a waiver of the two-year home residency requirement to complete my research work based on the No Objection Certificate. My home country (India) and the state government (Govt. of Uttar Pradesh) have already issued me a No Obligation to Return to India certificate and support my requirement to stay in the US and complete my pending research. The Consulate General of India will be issuing the No Objection Statement directly to you soon. I shall be highly obliged if you could consider this Waiver application favorably and give me the J1 visa waiver at the earliest possible date. I am sharing a few more j1 waiver support letter samples below which would help you construct your statement of reason. Related: How to apply for J2 EAD? J1 Waiver Statement of Reason (Example 2) I hereby declare that I have not signed any agreement with any public/government organization, bank, university, college, or any other institution to return to India and have not taken advantage of any monetary support in any form. I also confirm that I have neither been sponsored nor been employed by any university, college, or any Government of India / Government of any State institution in India. I also declare that I have not taken any undertaking from any institution or organization to support me in obtaining my passport as a condition to return to India. I also declare that there are no civil or criminal charges against me and I need not return to India in that connection too. I, therefore, am requesting a waiver to continue my research in the USA to gain more experience so that I can serve humanity as a better-trained scientist. Related: How long can I stay after my J1 visa expires? J1 Waiver Statement of Reason (Example 3) I am , working as a Postdoctoral Associate at the . My research is focused on . Development of these will aid . I would like to apply for a waiver of the home-country physical presence requirement of Section 212(e), as it relates to my current status under the exchange visitor program P-1- My waiver request is based on the Statement of No Objection from the home country (India) as I have received the clearances from the Government of India and it will be officially sent to DOS by the Indian Embassy. Both I and my employer feel that my stay here in the US should be extended for a few more years as the project that I am currently working on will be carried forward for a few more years. My presence in the USA is very important for the timely , followed by the technology transfer to industrial partners for societal benefit. The waiver is very important for me to enrich my professional experience in research areas that have a direct benefit to society. I believe my extended stay and continued research will benefit both American research and the industries and eventually my home country upon my return. Hence, I request you to grant me the waiver for 2 year home country residence requirement. Related: How to expedite GC processing? J1 Waiver Statement of Reason Marriage (Example 4) I am, , writing this letter to request a waiver of the two-year home residency requirement under section 212(e) of the Immigration and Nationality Act for my J1 visa status. I am presently in the United States as a J1 non-immigrant exchange visitor and I am seeking a waiver of the two-year foreign residency requirement based on my marriage to a U.S. citizen. I entered the US on as a J1 non-immigrant exchange visitor to experience a research program at . I have greatly relished my time here and have learned a lot from my experience. However, I have since fallen in love and married a U.S. citizen, . Our marriage is a genuine, loving relationship and we wish to start a life together in the United States. My spouse and I are deeply committed to each other and our future together. is a U.S. citizen and has been employed as for at . Our marriage has brought us great happiness and stability and we cannot imagine being separated from each other. I respectfully request that the Waiver Review Division grant me a waiver of the two-year foreign residency requirement based on my marriage to a U.S. citizen. I have attached proof of our marriage, including our marriage certificate and documentation of my spouse's employment. I have also enclosed a statement from my spouse, who supports my request for a waiver. Thank you for your time and consideration. I look forward to hearing back from you soon. Related: B1/B2 tourist visa sponsorship letter sample J1 Waiver Statement of Reason Divorce (Example 5) Reference: US Department of State, How to apply I am, , writing to request a waiver of the two-year home residency requirement of my J2 visa. The reason for my request is that my J1 spouse and I have divorced. Related: J1 visa to H1B Unfortunately, my J1 spouse and I have decided to end our marriage, and we have filed for divorce. As a result of our divorce, I am unable to fulfill the two-year home residency requirement of my J2 visa. I am requesting a waiver so that I may remain in the US and pursue other opportunities. I shall be highly obliged if you could consider this waiver application favorably and give me the J1 visa waiver at the earliest possible date. Thank you for your time and consideration. I look forward to hearing back from you soon. How to Write a Statement of Reason? The statement of reason should be well-written, precise, and concise, and should address these key points on a high level, not all are required: The Intent of J1 Visa: Explain why you were issued a J1 visa in the first place and what was your goal for participating in the J1 program. The Basis for Seeking Waiver: Clearly express why you want a waiver of the 2-year home-country physical presence requirement. This could be due to remaining research work, marriage, job offer, visa transfer, or any exceptional cases that make it impossible for you to return to your home country for two years. Explanation of Hardship or Persecution: If you are seeking a waiver based on hardship or persecution, provide a detailed explanation of the situation and how it has affected you or your family. This could include financial, medical, or personal circumstances, for example. Links to the United States: Explain why returning to your home country for two years is not a possible solution for you and why a waiver is required. This could include job opportunities, family relations, or other convincing reasons for remaining in the United States. Future Plans: Discuss your plans and how the waiver will help you reach your goals. This could have plans for further education or a job, for example. Related: How to find a postdoc position in the US? Conclusion It is necessary, to be legitimate, clear, and concise in your J1 visa waiver statement of reason. The statement should be well-written, and free of grammatical mistakes. It is also recommended to have the statement reviewed by someone who has successfully received a J1 waiver before submitting it to ensure that it satisfies all the needs and provides the best possible chance for a successful waiver application. Please feel free to ask your questions in the comment section below if you have any doubts. FAQs on J1 Waiver Statement of Reason Can a J1 waiver be denied? Yes, a J1 waiver can be denied for multiple reasons like incomplete/false information, insufficient evidence, or ineligibility, for example, if the J1 visa holder is not eligible for a waiver under certain criteria set by the government agency. It may vary from case to case. The following table will give you a rough idea of the refusal rate for J1 waivers in the last few years (if you can't see the table please open this link for a better mobile experience). Reference: US Department of State How long does it take to get a J1 waiver? J1 waiver process time can vary a lot depending upon the government agencies involved, how many agencies need to give clearance etc.. but typically it takes several months. Refer to the table below for J1 waiver processing time (if you can't see the table please visit this page for a better mobile experience). Is it easy to get a J1 waiver? No, it's a very long process, and depending on which country/state you are applying from and how many government agencies are involved, it may take longer time than expected. Can we expedite the J1 waiver? Yes, you can expedite a few steps. Read more. Will the J2 visa holder also be subject to the 2-year rule? Yes, if J1 is subjected to a 2-year rule then automatically J2 dependents are as well. Read more. Do we need to apply for J1 and J2 waivers separately? No, J2 will get the waiver automatically once the J1 visa holder gets the waiver. Should I hire a lawyer for the J1 waiver? It depends on you, it's going to cost you a lot of money and it's not worth the effort you are going to put in anyway whether you hire a lawyer or not. But you can read more about it here and decide for yourself. What do you write in a statement of the reason for a J1 waiver? In a Statement of Reason for a J1 waiver, clearly articulate the specific basis for your application. Whether it's a visa change, the continuation of research work, exceptional hardship, marriage, a job offer, or family ties in the U.S., provide an honest and detailed explanation of your circumstances. What are the reasons for the J1 waiver? The J1 waiver is applicable for five primary reasons: Exceptional Hardship to a U.S. Citizen Spouse or Child Request by U.S. Federal Government Agency No Objection Statement Request by State Public Health Department (Conrad State 30 Program) Persecution Next: Expedite J1 waiver Related Posts ✔ Go to Main Menu ✔ J1 Visa to B2 Visa ✔ J1 Visa to Green Card Related Topics
- Indian Embassy/Consulate in USA - Email Address, Phone Number, and Locations
Indian Embassy in USA: These are the locations/addresses, contact/phone numbers, email addresses, social media accounts/pages, and website details of all the Indian embassies in the United States. These details will be helpful for services like passport renewal, OCI services, miscellaneous services like waiver, and visa-related issues. Table of Contents: Indian Embassy in the USA Embassy of India, Washington DC Indian Consulate, New York Indian Consulate, Chicago Indian Consulate, Atlanta Indian Consulate, Houston Indian Consulate, San Francisco 01. Embassy of India, Washington DC Google rating: 2.9 Website: https://www.indianembassyusa.gov.in/ Address: 2107 Massachusetts Avenue, NW, Washington DC 20008 Consular Jurisdiction: Bermuda, Delaware, District of Columbia, Kentucky, Maryland, North Carolina, Virginia, and West Virginia Miscellaneous form: NORI Phone Number General: (202) 939-7000 Miscellaneous: (202) 939-9852 Visa: (202) 939-9865 OCI: (202) 939-9889 Passport: (202) 939-9864 Email Address Miscellaneous: attcons.washington@mea.gov.in Visa: visa.washington@mea.gov.in OCI: fsoci.washington@mea.gov.in Passport: cons6.washington@mea.gov.in Social Media Facebook: https://www.facebook.com/IndiaInUSA Twitter: 1. Passport: https://twitter.com/IndiaPassportDC 2. Visa: https://twitter.com/IndiaVisaDC 3. OCI: https://twitter.com/IndiaOCIDC Youtube: https://www.youtube.com/indiainusa Instagram: https://www.instagram.com/indianembassyus/ 02. Indian Consulate, New York Google ratings: 3.5 Website: www.indiacgny.org Address: 3 East 64th Street, New York, NY 10065 Consular Jurisdiction: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont Miscellaneous form: NORI Phone Number General: (347) 721-9243 You can also submit your query related to different services rendered by the Consulate (i.e. Visa, Passport, OCI, Misc. Services, Commerce, Education, Community, Culture, Media, etc.) through PRAMIT, this is CGI New York's official link: https://pramit.indiainnewyork.gov.in/ Emergency: (917) 815-7066 This is only for genuine emergencies in the case of a serious situation like death, or serious sickness of an immediate family member - only for Indian citizens or persons of Indian Origin, outside office hours and holidays. Email Address Consul General: cg.newyork@mea.gov.in Deputy Consul General: dcg.newyork@mea.gov.in Head of Chancery: hoc.newyork@mea.gov.in Social Media Facebook: https://www.facebook.com/indiainnewyork/ Instagram: https://www.instagram.com/indiainnewyork/ Twitter: https://twitter.com/IndiainNewYork 03. Indian Consulate, Chicago Google ratings: 3.3 Website: https://www.cgichicago.gov.in/ Address: 455 North Cityfront Plaza Drive, Suite 850, NBC Tower Building, Chicago, IL 60611 Consular Jurisdiction: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, North Dakota, South Dakota, and Wisconsin Miscellaneous form: NORI Phone Number General: (312) 595-0405 & (312) 595-0406 Passport: (800) 320-9625 OCI: (800) 320-9693 Fax: (312) 595-0417 & (312) 595-0418 Email Address Visa: visa.chicago@mea.gov.in OCI: oci.chicago@mea.gov.in Passport: passport.chicago@mea.gov.in Miscellaneous: cons.chicago@mea.gov.in Social Media Facebook: https://www.facebook.com/IndiaInChicago Twitter: https://twitter.com/IndiainChicago Instagram: https://www.instagram.com/cgichicago/ 04. Indian Consulate, Atlanta Google ratings: 4.3 Website: https://www.indiainatlanta.gov.in/ Address: 5549 Glenridge Drive NE, Atlanta, GA 30342 Consular Jurisdiction: Alabama, Florida, Georgia, Mississippi, Puerto Rico, South Carolina, Tennessee, and US Virgin Islands. Miscellaneous form: NORI Phone Number General: (404) 996-6228 Passport: (404) 996-6230 Visa: (404) 963-5902 OCI: (404) 963-7742 Miscellaneous: (404) 963-5902 Emergency: (404) 910-7919 Fax: (678) 935-7054 & (678) 905-9591 The emergency number is specifically designated for Indian citizens who require urgent assistance during an emergency and should not be used for regular consular inquiries. Email Address Consular services: cons.atlanta@mea.gov.in Visa: visa.atlanta@mea.gov.in OCI: oci.atlanta@mea.gov.in Passport: passport.atlanta@mea.gov.in Miscellaneous: miscservices.atlanta@mea.gov.in Consular grievances: pol.atlanta@mea.gov.in Social Media Facebook: https://www.facebook.com/ConsulateGeneralofIndiaAtlantaUSA/ Twitter: https://twitter.com/cgi_atlanta 05. Indian Consulate, Houston Google rating: 3.3 Website: www.cgihouston.gov.in Address: 4300 Scotland Street, Houston, TX 77007 Consular Jurisdiction: Arkansas, Kansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado, and Nebraska Miscellaneous form: NORI Phone Number General: (713) 626-2148 Emergency: (713) 626-2149 Fax: (713) 627-2034 & (713) 626-2450 Email Address Email address: info.houston@mea.gov.in Social Media Facebook: https://www.facebook.com/IndiainHouston/ Twitter: https://twitter.com/cgihou Youtube: https://www.youtube.com/@ConsulateGeneralofIndiaHouston 06. Indian Consulate, San Francisco Google rating: 2.5 Website: www.cgisf.gov.in Address: 540 Arguello Boulevard, San Francisco, CA 94118 Consular Jurisdiction: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming Miscellaneous form: NORI Phone Number General: (415) 668-0662 & (415) 668-0683 Passport: (800) 320-9625 Visa: (415) 939-2286 OCI: (800) 320-9693 FAX: (415) 668-9764 and (415) 668-2073 Emergency: (415) 483-6629 The designated emergency number is intended exclusively for Indian citizens in urgent need of emergency assistance and should not be utilized for regular consular inquiries. You can call, text or even whatsapp. Email Address Consul General: cg.sf@mea.gov.in Deputy Consul General: dcg.sf@mea.gov.in Head of Chancery: hoc.sf@mea.gov.in Vice Consul: vcadmn.sf@mea.gov.in Visa, Passport, OCI & Misc services: dcg.sf@mea.gov.in Consular OCI issues: consuloci.sf@mea.gov.in Please note these details might change in the future so it's always a good idea to double-check the details on CGI's official websites mentioned above. If you have some contact details that you have used in the past and you think might help others, please share them in the comments section below. Next: How to renew a passport in the US? Related Posts ✔ Go to Main Menu ✔ How to get H4 EAD in 15 days? ✔ How to apply for B1/B2 visa for parents? Related Topics
- H1B Visa Stamping in USA for Indian Citizens Pilot Program
The pilot program for H1B visa stamping in the USA will accept applications from January 29, 2024, to April 1, 2024, for visas issued in India and Canada, with an MRV fee of $205. If you meet the eligibility criteria, you can apply for H1B visa stamping within the USA using the DS-160 form. Table of Contents: H1B Visa Stamping in the USA H1B Visa Stamping in USA Slots H1B Visa Stamping in the USA Eligibility Documents Required for H1B Visa Stamping in the USA FAQs on H1B Visa Stamping H1B Visa Stamping in USA Slots There will be a maximum of 20,000 slots available. Specifically, 2,000 slots per week will be open for applicants whose last H1B visa was issued from India, and the same number of slots will be available for applicants with visas issued from Canada. Application slots will be released on the following dates: January 29, 2024 February 5, 2024 February 12, 2024 February 19, 2024 February 26, 2024 H1B Visa Stamping in the USA Eligibility This pilot program is exclusively for renewing H-1B nonimmigrant visas; other visa categories, including H-4 visas for dependent spouses and children, won't be processed under this initiative. The prior H-1B visa being renewed must have been issued by U.S. Mission Canada between January 1, 2020, and April 1, 2023, U.S. Mission India between February 1, 2021, and September 30, 2021. The applicant was most recently admitted to the United States in H-1B status. Currently maintaining H-1B status in the United States. Must possess an approved and unexpired H-1B petition. The period of authorized admission in H-1B status has not expired. Intending to reenter the United States in H-1B status after a temporary period abroad. Applicants should not be subject to a nonimmigrant visa issuance fee (commonly known as a "reciprocity fee"). Eligible for a waiver of the in-person interview requirement. Must have submitted ten fingerprints to the Department in connection with a previous visa application. The prior visa should not have a "clearance received" annotation. Do not have a visa ineligibility that would require a waiver before visa issuance. You can check your eligibility here: USCIS website Documents Required for H1B Visa Stamping in the USA According to USCIS guidelines, these are the documents required for H1B visa stamping in the USA: Completed DS-160 form with barcode: Start here. Passport valid for at least six months beyond the visa application date, with two blank pages. Recommended: Passport with the most recently issued H-1B visa $205.00 non-refundable application fee paid online after completing DS-160 One passport-sized photograph Copy of H1B approval notice (Form I-797) Copy of Form I-94 Visit the USCIS website for more details. FAQs on H1B Visa Stamping in the USA For the domestic visa renewal pilot program, which location should I choose when filling out the DS-160 form? You need to select 'US-DOMESTIC' while filling out the DS-160 form for the H1B visa renewal pilot program. To fill DS-160 form visit the CEAC website. How to pay the MRV fee for H1B stamping in the USA? You can make the payment of $205 on the USTravelDocs website after completing the DS-160 application. How do H1B dependents get stamping done under this program? Under this program, H1B dependents, specifically H4 visa holders, are currently not eligible for visa stamping in the USA. They need to renew overseas at a US embassy. Next: H1B to B2 Related Posts ✔ How to apply for an OCI card ✔ How to get H4 EAD in 15 days ✔ Current green card priority date Related Topics
- Create SSIS package in Visual Studio 2017
In this tutorial, you will learn how to create an SSIS (SQL Server Integration Services) package in Visual Studio 2017 step by step. For this, you need to install SQL Server Data Tools (SSDT) on your machine. SSDT (Business Intelligence template) is used to create SSIS/SSRS/SSAS solutions. For Visual Studio 2018+ Visual Studio 2018 or higher is included with the SSDT BI template so you don't need to install SSDT separately. You just need to check the box "Data Storage and Processing" in the workload section while installing Visual Studio 2018 or later. Visual Studio 2017 Installation Download the older version of Visual Studio from this link. Scroll down on that link to see the older versions. You need to create a Microsoft account (if you don't have one) and have a free Visual Studio subscription. Below is the product description which you need to download. Related: How to file a B1 B2 visa for parents? Download the latest "Community" version (15.9 and not 15.0) to install SSDT BI as highlighted below. VS installation might take 20 to 45 mins depending on your system configuration. If you already have VS 2017 (version 15.0) then you have to upgrade VS 2017 to the latest version. You can go to the Visual Studio Installed version and check for available updates. SSDT BI Installation You can download SSDT (version 15.9.1) from this link. This link might change with new versions coming in the future, in that case, you can simply Google "SSDT release 15.9" and visit the Microsoft VS 2017 SSDT installation page. Related: How to file H4 EAD? Check all the services (SSAS/SSIS/SSRS) as shown below and select Visual Studio Community 2017 from the drop-down list. Click Install. The download and installation process will take around 30 minutes depending on your system configuration. Restart your computer once the installation is completed. Installation Check Once installation is done, open Visual Studio 2017 and go to the menu option File > New Project. Look up 🔎 Business Intelligence, if you can find Integration Services, Analysis Services, and Reporting Services on the left side of the panel, then the installation is fine. Create SSIS package To create the SSIS basic package, you need to Create a project for the package. Add a control flow and data flow to the package. Add components to the data flow. What is SSIS? SSIS is an ETL tool for data warehousing that comes with Microsoft SQL Server. There is no extra cost for SSIS services. It lets you set up automated data load or extract processes to and/or from your SQL Server. SSIS stands for SQL Server Integration Services and ETL stands for Extract-Transform-Load. It is comparable to other ETL tools like Informatica and IBM Datastage etc. What does it do? SSIS provides you platform referred to as SSDT to develop ETL solutions which could be the combination of one or more packages. Solutions are saved with the .sln extension and packages are XML files saved with the .dtsx extension. Packages are deployed in SQL Server MSDB database called SSISDB and managed in the Integration Services Catalog in SSMS (SQL Server Management Studio). Creating Package 1. Go to File > New > Project, and name your project. Click OK. It will open SSIS designer. On the left-hand panel, you will see the SSIS toolbox with all the tasks, and at the center, you will see various tabs to switch between control flow, data flow, parameters, event handler, and package explorer. On the right panel, you will see Solution Explorer where you can find the connection manager. Now, to create an SSIS package you need at least one control flow and a data flow task. A data flow task is simply a task that is used to Extract, Load, and Transform the data, and control flow is like the logical unit that controls the execution of tasks, like the flow in which tasks will execute. 2. Drag and drop the data flow task from the SSIS toolbox to the central panel (control flow tab) like the following: 3. You can double-click on Data Flow Task to rename it. I am keeping it as the default "Data Flow Task". Now right-click on Data Flow Task > Edit, or you can simply select the "Data Flow Task" and click on the "Data Flow" tab, it will open a screen where you can edit your "Data Flow Task". 4. Now drag and drop OLE DB Source, OLE DB Destination, and Data Conversion task from the SSIS toolbox to the designer space as shown below. 5. Select OLE DB Source and drag and drop the blue/green arrow to connect the Data Conversion task. Similarly, drag and drop/green blue arrow (not the red one) from the Data conversion task to OLE DB Destination. 6. Now, you need to create an OLE DB connection for the source and target. For this go to the Solution Explorer panel on the right-hand side > Connection Manager> New Connection Manager. Select OLE DB and click ADD. If you have already created an OLE DB data connection earlier on your machine it will show up here, otherwise, you can click on NEW and create a new one. Just enter your database name and test the connection. I assume you have the AdventureWorks database running on your machine if not please refer to this post. I have already installed SQL Server 2014 and SQL Express so you can see 2 instances of SQL Server service running on my machine. Now, for example, I have chosen the AdventureWorks 2014 database. 7. Now go back to the Data Flow screen and right-click on OLE DB Source task > Edit. Choose a sample table from the drop-down list, [Production].[Product]. Now go to the Columns tab, remove selected columns, and select these five columns - Name, ListPrice, Size, Weight, and SellStartDate and click OK. It's just for example purposes. 8. Now go to Data Flow and right-click on Data Conversion task > Edit. Select the SellStartDate column and change its data type from [DT_DBTIMESTAMP] to [DT_DBDATE], keep the alias name the same, and click OK. Just a minor datatype conversion to showcase this example. 9. Now, right-click on OLE DB destination editor > Edit > New SSIS by default creates the "create table" statement for you with input columns. CREATE TABLE [OLE DB Destination] ( [Name] nvarchar(50), [ListPrice] money, [Size] nvarchar(5), [Weight] numeric(8,2), [OLE DB Source.SellStartDate] datetime, [Data Conversion.SellStartDate] date ) Edit the table name and remove [OLE DB Source.SellStartDate] and hit OK, CREATE TABLE [OLE DB Destination_Products] ( [Name] nvarchar(50), [ListPrice] money, [Size] nvarchar(5), [Weight] numeric(8,2), [Data Conversion.SellStartDate] date ) Mappings should look like this, just click OK. 10. Now right-click on the blue/green arrow between the Data conversion task and the OLE DB Destination task and enable the data viewer. This is not a mandatory step but just to see the data preview after the data conversion. 11. Now hit the START button on top of your screen. This will start the package. You can see SellStartDate has only the date after conversion (no time field), all the tasks are green ticked which means they ran successfully and the number of rows is 1,008 processed. You can stop the flow or restart again from the buttons highlighted on top of the screen. That's it. This package creation example was showcased by Microsoft itself. I haven't modified anything to keep examples simple and informative. I hope you enjoyed the post. If you have any questions please mention them in the comments section below. Thank you. Next: SQL Server 2014 Download and Installation
- H1B Grace Period after Layoffs - Approved I-140, Severance Pay
If H1B or L1 visa holders are laid off, fired, or terminated from their job, either voluntarily or involuntarily or due to massive job cuts, USCIS immigration policy allows a consecutive 60 calendar days grace period, assuming that you have a valid I-94 document. There are several ifs and buts when it comes to finding a loophole in this situation, as no one wants to leave the country unplanned. But the formula is simple, the H1B maximum grace period is 60 days, and it starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid. The severance scenario might vary a little which I will explain shortly. Do not trust anyone if someone is giving you any dissimilar information, except a lawyer or the USCIS website itself. Remember that you can always look for a sponsor from your home country and come back anytime, instead of jeopardizing your whole situation. Going back to your home country is not the end of the world. USCIS: Options for nonimmigrants workers following termination of employment According to U.S. immigration law, H1B workers are permitted a 60-day grace period after the termination of their employment to either find a new job and transfer their H1B visa to the new employer, or you can file a change of status to H4, L2, B1/B2, or F1 visa, the situation would vary case to case, or depart to your home country. Table of Contents: H1B Grace Period 01. What If I-94 expires first? 02. What happens to H4 EAD? 03. USCIS 60-day rule 04. H1B Grace Period Carryover 05. H1B Grace Period with Severance Pay Google severance package example 06. H1B Grace Period with an Approved I-140 A. I-140 is Pending B. I-140 is Approved but < 180 days C. I-140 is Approved and > 180 days 07. Options after H1B, L1 Layoffs 08. I-140 EAD under Compelling Circumstances 09. H1B Grace Period 180 Days Extension USCIS FAQs A few of my close friends who are on H1B and L1 visas have personally gone through this situation hence sharing this experience with everyone. Please note that I am not a lawyer and my suggestion is purely based on people I know, friends, and colleagues. Related: B1/B2 visa for parents I see several discussions on social platforms discussing the H1B grace period due to the past COVID situation or due to massive job cuts including both types of people who have either pending or approved I-140. In any scenario, maintaining H1B status should be your foremost priority, and do not listen to rumors or people who try to sell you something digitally via Tweets or posts, or some news that is not announced by USCIS. I am sharing what I have seen so far, hopefully, you all find this blog helpful. 01. What If I-94 expires first? If your I-94 is expiring soon, that means your permitted stay in the United States is about to come to an end and if your I-94 document is expiring within those 60 days' grace period, then the I-94 end date will be considered as your last day in the United States and not the 60 days grace period, in short, whichever comes first either I-94 expiry date or 60 days grace period end date will be considered your last day. Related: How to expedite GC processing You should have a valid I-94 status even during the 60-day grace period. I-94 defines your maximum permitted length of stay in the US. Example: If you are fired and you have an I-94 expiring within the next 60 days then you are not allowed to have 60 days of the grace period. Before the I-94 expiry date if you can not find a new employer then you have to travel back to your home country or file a change of status. The same grace period applies to H1B dependents as well. 02. What happens to H4 EAD? H4 EAD can work during the H1B grace period but if the primary H1B visa holder can not find a new job or sponsor within the 60 days grace period then H4 EAD can not work as H4 EAD is valid only when the H1B visa holder maintains a valid H1B status. After 60 days of the grace period, the H1B visa holder goes "out of status", thus H4 dependents as well. Related: Apply for H4 EAD 03. USCIS 60-day rule Before Jan 2017, there was no such grace period for H1B and L1 visa holders. So during that time if you lose your job then you had no other option but to travel back to your home country within 10 calendar days. But later USCIS announced a 60-day grace period if certain non-immigrant visa holders like H1B, or L1 lose their jobs due to layoffs or job cuts, or any other unforeseen reasons before the actual petition ends. This 60-day stay helps H1B visa holders to look for a new job. This grace period is not valid if your petition is already coming to an end. According to USCIS: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)). Read more. 04. H1B Grace Period Carryover 60 days H1B grace period does not carry forward which means if you are using the grace period now then you will not have any grace period left on the present petition whether you use the complete 60 days or a portion of it. Usually, this never happens, in most cases either individuals find a new employer within the grace period or travel back to their home country. This case would happen, for example, when you join back the same employer who was firing you within the grace period, and for some reason, they decided to fire you again. Very rare but you never know. Related: Renew your Indian passport in the US If your new employer files an H1B transfer and gets your petition approved then you get another 60-day grace period on your new petition. 05. H1B Grace Period with Severance Pay In a few states, companies provide severance packages but it's not mandatory in all states. For example, In California, it's mandatory to give 60 days advance written notice in case of mass layoffs and terminations. You can refer to the Department of Labor WARN Act here. However, there is no such hard rule for employers to provide a severance package to an employee upon the termination of employment. You can refer to the Department of Labor Severance Pay details here. Most of the Bay Area giants like Google, Microsoft, Amazon, etc provided a 60-day notification period, or sometimes even more during recent year layoffs. Read more here. The notification period is considered separate from the H1B grace period. Read the following sample FAQ from the USCIS website. So, it depends upon your employer what severance package they provide to you, and most importantly, on paper, which date is considered as your last day of employment. According to USCIS, after the end of your employment which is your last day at work, your 60-day grace period starts. So let's say you are notified on Jan 31st, 2023 and you are getting a severance package till March 31st, 2023, your employment end date will be considered as March 31st, 2023 and you get another 60 days which will be your H1B grace period. Instead of presuming your last date of employment, it's recommended to talk to your employer and clarify what will be your employment end date, and whether there will be an additional H1B 60-day grace period on top of it. So depending upon your severance package offer, you might or might not qualify for an additional 60-day grace period. Like following example with Google's severance package which consisted of a 60-day notification period with pay, so you got an additional 60 days. You will have 120 days to prepare and find a new job. Again your foremost priority should be maintaining a valid H1B status, so do not take any decision until you are fully assured. Remember that you can always travel back to your home country and travel back again once you find a sponsor. That is a much safer bet. Also, there is no specific definition for a severance package, it depends upon the offer letter agreement between you and the employer which you signed before joining. It would be smart to get severance terms and conditions added before you sign any offer letter. You can read about this in detail in the following blog. Related: Severance package explained Google severance package example In the US, Google laid off 12K employees in Jan 2023 and this is the severance package Google offered: We will pay employees during the full notification period (minimum 60 days). We will also offer a severance package starting at 16 weeks' salary plus 2 weeks for every additional year at Google, and accelerate at least 16 weeks of GSU (Google Stock Units) vesting. We will pay 2022 bonuses and the remaining vacation time. We will be offering 6 months of healthcare, job placement services, and immigration support for those affected. Outside the US, we will support employees in line with local practices. With Google's severance package, Google offered 60 days (minimum) notification period, so you are on the payroll for the next 2 months which was until March 31, 2023, and the USCIS 60 days grace period will start after the last working day. So you would have enough time (120 days) to look for a new job in this case. Related: Fastest way to get H4 EAD 06. H1B Grace Period with an Approved I-140 In short, there is no major difference, it's still 60 day grace period according to USCIS rule but there is some benefit if your petition is approved over 180 days. Not in the grace period though that still depends upon the severance package offer discussed above. In either case, you have to find a new employer within 60 days starting from the last day of your employment. A. I-140 is Pending In this case, you are in the same boat as a normal H1B visa individual. If you don't have much time left on H1B (6 years maximum period) then you have to go through the whole process again, starting from the H1B lottery. If you still have a few years left on your H1B then you can find a new job within 60 days grace period, or file a change of status, if not, go back to your home country and find a new job and get the petition approved, and come back again. Make sure you get the I-140 initiated by your new employer so that you can extend your H1B beyond 6 years. B. I-140 is Approved but < 180 days If your I-140 petition is approved for less than 180 days, technically, your employer has still the right to revoke your approved I-140, that's the reason H1B visa holders find it safe to switch jobs after 6 months of I-140 approval. Related: OCI application for minor If your employer is withdrawing the I-140, you will get 60 calendar days which USCIS offers to find a new employer, or, you may have to travel back to your home country. When you find a new employer, they will have to file your petition again and you can join as soon as you have the receipt number. Your new employer will have to file your I-140 again as the old I-140 was withdrawn before 180 days. But usually, employers do not revoke the I-140 so you still get 60 calendar days to find a new employer. It's recommended to talk to your employer/or a lawyer in this case. C. I-140 is Approved and > 180 days If an I-140 petition has been approved for more than 180 days, then your employer can not revoke your I-140. In this case, you can extend your H1B visa unlimited times, extended for 3 years each time. You will be exempt from the H1B lottery. You would still need to find a new employer within the grace period of 60 days. Your priority date remains the same as your I-140 but you will need an updated I-140 with your new employer when the priority date comes closer and you have to file an adjustment of status, form I-485. Related: Current GC priority dates for India 07. Options after H1B, L1 Layoffs This could vary from case to case but these are options in the best order. If you are laid off either you have to find a new job, change your status, or go back to your home country. Start looking for a new employer. If you find a new employer within 60 days, you can start work on the receipt number. If not, you can always fly back to your home country and look for a new sponsor from there. If you do not go back to India, then you need to file a change of status. You can file a change of status yourself, or hire a lawyer. If you have the option to file H4, J2, or L2 dependent visas, go for this option. H4, J2, and L2 dependent visas are stronger cases than B1/B2 or F1 visas. If not, file a change of status to a B1/B2 tourist visa. Read more. But think about option 3, or option 8, instead of staying in the United States and wasting all your savings. Switching to a B1/B2 tourist visa would buy you 6+ months minimum. So after you apply you won't accrue unlawful status. Find a new job, file a change of status back to H1B, and withdraw the previous COS request. Read more. Go for higher studies and file a change of status to an F1 visa. Remember that going back to your home country is always recommended if you can't find a new job in 60 days. Again, please note I am not a lawyer and I am sharing this based on my personal experience. Related: H1B to J2 change of status 08. I-140 EAD under Compelling Circumstances It's very tough to say what USCIS considers as "compelling circumstances", you can find more details about it here. You may be eligible to file EAD, form I-765, under compelling circumstances within the grace period of 60 days. According to USCIS: Examples of compelling circumstances that may be considered for an Employment Authorization Document (EAD) include but are not limited to: Unexpected illness or medical condition of the primary applicant or a close family member Natural disasters, such as a hurricane, earthquake, or flood that significantly disrupts a business Significant disruption to the employer, going bankrupt, or a similar situation Unexpected harm or violence in the home country, making it unsafe for the applicant to return Related: Humanitarian reasons for faster processing 09. H1-B Grace Period 180 Days Extension USCIS As of March 10, 2023, according to USCIS latest update on options for non-immigrant workers following termination of employment grace period is still 60 days. Several people are claiming it has been extended to 180 days but it's not the case yet. You can read the USCIS update as of March 10, 2023, in more detail here. There might be a possibility that USCIS extends this grace period for impacted employees due to layoffs, but we don't know yet. If there is some extension, USCIS will post it on its website. FAQs on H1B Grace Period Can I travel during the grace period? Yes, you can travel during the grace period but you would need another immigration status to re-enter the United States. So it's not recommended to travel during the grace period. When does the H1B grace period start? The start date for the H1B grace period is typically determined based on the last day for which a salary or wage is paid whether you leave the job voluntarily or involuntarily. How does the severance pay affect the H1B grace period? You get a 60-day grace period from the date of termination of employment. It's recommended to check with your employer what is your official employment end date and you may count 60 calendar days from there. If your severance package offers you an extra notification period, that's a bonus for you. When can I start working on the grace period? As soon as your new petition is filed by your new employer and you have your receipt number, you can start work for the new employer. You don't need to wait for the final approval to start work. How to request an H1B 60-day grace period? Automatically, you get a 60 calendar days grace period by USCIS and you don't need to apply for it. But when you file a change of status or file a petition you need to mention this in your cover letter. Read the sample FAQ from the USCIS website. What is the latest USCIS news on the H1B grace period of 180 days? It's important to know that the talk about extending the grace period for H1B visa holders from 60 to 180 days is not true. The US Citizenship and Immigration Services (USCIS) hasn't made any changes, and the grace period is still 60 days. You can read it on the USCIS website or download it from below. How many times can I utilize the H-1B grace period? If you have a valid I-94 and a newly approved I-797 petition, the H-1B grace period is 60 days. This grace period does not carry forward. Once you find a new employer and obtain a fresh petition, the clock is reset, allowing you to utilize another 60-day grace period if needed. What is the start date of the H1B grace period? The H-1B grace period starts from the date of termination, usually the last day for which you receive payment. The severance notification period can be considered separately if you are paid during that notice period. Next: Change of Status to B2 Related Posts ✔ Go to Main Menu ✔ How to apply for a minor's passport ✔ Cover letter for H4 EAD application ✔ H1B vs L1 which is better for GC Related Topics
- J1 Visa Waiver Application Process and Timeline (Introduction)
J1 Visa Waiver (India): I am a post-doctoral research scientist with the University of California, Riverside and I have gone through the J1 visa waiver process (212e waiver). I am sharing my experience with everyone, which I believe would help others obtain a J1 waiver quickly. I referred to several blogs and videos about how to obtain a J1 visa waiver which was very time-consuming. The whole J1 visa waiver NORI procedure is tedious and a lot of people don’t know how the process is. To reduce the complexity, I have divided the whole process into 3 stages, I will refer to them as NORI stages: J1 Waiver: Stage 1 J1 Waiver: Stage 2 J1 Waiver: Stage 3 Before I begin I would like to clarify that these J1 visa waiver steps might change in the future or slightly differ for you based on your location within the United States. I applied it from the Consulate Journal of India, San Francisco, California as I live in Riverside, CA. However, the overall J1 visa waiver application process should not vary much. Table of Contents: J1 Waiver (India) What is a J1 visa waiver? How to know if you are subjected to "2-year home residency requirement proof"? J1 waiver processing time - When should you apply for a J1 visa waiver? J1 visa waiver - Where should you apply? FAQs What is a J1 waiver? A J1 visa is a non-immigrant visa granted to individuals who want to participate in the exchange visitors program in the United States. Related: How long can I stay after my J1 visa expires? Some individuals will be subject to a 2-year home country physical presence requirement under which the applicant has to go back to their home country and serve for a minimum of 2 years. To waive off this J1 visa two-year rule, you need to obtain a J1 waiver. Am I subject to the J1 two-year rule? To check if you are subject to the J1 two-year rule, please check either your J1 visa stamp or your DS-2019 form, as either of them may indicate the 212(e) rule. J1 Visa Stamp: Check the bottom of your J1 visa; it should indicate "Bearer is subject to section 212(e), Two-year home residency rule does apply". DS-2019: If you do not find this information on your J1 visa stamp, please review your DS-2019 form. In my case, the information was not on my DS 2019; it was included on my J1 visa stamp. Refer to the DS 2019 screenshot; you may notice a checkmark on option 2, which states 'Subject to two-year residence requirement'. Not mentioned on DS-2019 or J1 Visa: If you don't find it on the DS-2019 form or J1 visa stamp, please contact your ISS and check if you need a waiver. In most cases, you would need a J1 waiver. I have seen examples where people didn't have the two-year rule mentioned on the visa or DS-2019, but they still had to apply for it later J1 Waiver Processing Time The processing time for a J1 waiver is typically 1-2 years. You can apply for a J1 visa waiver at any time; there's no specific restriction. However, it's advisable to apply once you have received a DS-2019 extension for the entire possible term, which is usually up to 5 years. As mentioned earlier, there are three stages to obtain a J1 visa waiver, and the overall processing time is 1-2 years, possibly less for some, depending on how quickly you can secure a no-objection statement from your home country. Related: J1 Waiver Attorney I recommend completing the first two stages of the J1 visa waiver process after you have spent three years on your J1 visa. Apply for the third and final stage once you receive the full 5-year extension on your J1 visa. This suggestion is important because if the third stage of the J1 visa waiver is approved, you won't be able to extend your J1 visa or DS2019 any further. Therefore, it's advisable to apply for the third stage only after obtaining the entire 5 years of extension on your visa. Some universities and institutes issue the initial DS-2019 with a complete 5-year period, while others provide yearly extensions, and some offer two or three-year extensions. Your decision should be based on your situation. If you have any doubts, feel free to post your query in the comment section below, and I will be happy to assist you. Related: How to apply for J2 EAD? Where to apply for a J1 waiver? Please refer to the following links to determine which Consulate General of India (CGI) office covers your jurisdiction. I have also compiled the embassy's contact details, jurisdictions, social media pages, and email addresses, which you may find useful not only for the J1 visa waiver but also for general inquiries. Washington DC Chicago New York San Francisco Houston Atlanta I went in person to the Consulate General of India, in San Francisco. However, you can apply in person or send it via mail. FAQs on J1 Visa Waiver Can I expedite the J1 waiver? Yes, you can expedite the J1 visa waiver process at certain stages. I know a few of my friends successfully did it and I have documented their experiences in detail. I did not expedite it as I had sufficient time to get the J1 visa waiver. Read more. What is the next step after getting a J1 waiver favorable recommendation? A J1 waiver favorable recommendation means that the DOS is in favor of granting you the J1 visa waiver and your case will be transferred to U.S. Citizenship and Immigration Services (USCIS) and they will make the final decision on your case. You will be notified by the DOS that your case has been forwarded to USCIS by a letter that you will get through the mail. In my case, I received this letter very late like after 2 months and I was not even expecting it since I didn't know about it. Read more. What should I mention in the J1 waiver statement of reason? There could be several ways you can write a statement of the reason for a J1 visa waiver. When I applied for the J1 visa waiver, I included the basis for seeking a J1 visa waiver as more time was required for my ongoing research work at that time. I also wrote an article on this where I shared a few examples including mine. Read more. When should I apply for a J1 visa waiver? You should complete the first 2 stages when you have completed 3 years on your J1 visa and apply for stage 3 once you receive the full 5 years of extension on your J1 visa. Do I need a lawyer for the J1 visa waiver? This opinion might vary from individual to individual, I would say it's not needed but if you wanna hire one there is no issue with that. I would recommend you read this blog before you take any decision. Several people asked me this question, hence I had to write this in detail. Read more. Is the J1 two-year rule cumulative? Yes, the J1 two-year rule is cumulative which means that you must fulfill two year home country requirement for a cumulative total period of at least two years. You can find complete details below. Where should I send the J1 waiver Stage 1 documents? Different embassies cover different states. Check which embassy to send your documents based on where you live. You can find the list of states for each consulate here. Next: J1 Visa Waiver (Stage 1) Related Posts ✔ Go to Main Menu ✔ Filing Change of Status from J1 Visa to H1B ✔ Converting from a J1 Visa to Green Card Related Topics








