Saturday, March 19, 2016

Applying for J1 waver from India

Note: To download documents, please visit:
https://sites.google.com/site/applyingj1waverfromindia/

Many Indian Ph.D holders (and also others) visit USA on J1 VISA to pursue their postdoctoral research. Usually these visitors (J-1) are subject to a two-year home-country physical presence requirement which require them to return to respective home country for at least two years at the end of the exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). Following link is usefull to check whether if you are subjected to this rule:
  
Once J1 visitor return to India, and if he/she wish to visit USA again (for work), he/she have to apply for J1 VISA waiver. The procedure for applying “J1 waiver” has been well described to those people who apply for J1 waiver from USA. But procedure for applying “J1 waiver from India” has not been well described.  I personally went through this situation (I am from Karnataka, India). So I decided to document all the steps involved in the process. Purpose of this website is to give discrete details on various steps involved in applying J1 waiver from India.  If you follow the procedure described below, I am sure you will get your J1 waiver without much delay.

Click here to download forms;
https://sites.google.com/site/applyingj1waverfromindia/system/app/pages/search?scope=search-site&q=NORI 

 The most important precaution!
Make sure that address in your passport is same as your current address (most of the time it is not, because you got your passport when you are doing your Ph.D at university and  90% of the case it’s not your home town ).  If address is not same, I strongly recommend you to make new passport with your current address. This is a key step in successes of obtaining J1 waiver from India.  This step speed up J1 waiver procedure through bypassing repeated police enquiry.

Following steps are involved in applying J1 waiver from India (the current example is based on apply J1 waiver from Karnataka).

Step 1: Obtaining NOC from three offices  

Go ahead and notarize 4 to 5 sets of the attached document “NORI Affidavit updated” and “Biodata-updated” on 100 rupee stamp paper (to download documents, please visit: https://sites.google.com/site/applyingj1waverfromindia/). In addition to new passport number, make sure to enter Old passport number on which you visited to USA.

Print the attached document 1, 2 and 3. Then send the each set to following office address (with registered post, make sure to keep the tracking number).
Office 1 : The Under Secretary, Home Department (Passport & Foreigners), Government of Karnataka, Vidhanasoudha, Dr. Ambedkar Veedhi, BANGALORE – 560 001.
Office 2: The Passport Officer, Regional Passport Office, 8th Block, 80 Feet Road, Koramangala, BANGALORE – 560 095.
Office 3: Ministry of Human Resource Development, Department of higher Education, External Scholarship Division, 2nd Floor, Wing-6, West Block-1, R.K. Puram, Delhi-110 066.

When you send above documents to request NOC, make sure that you to stay in your current address. Because, you may receive call from police station for the enquiry (if you make new passport you will not receive call). Usually within one to two months you will receive all three NOCs from respective office. If not, keep tracking them through phone and email.


Step 2: Filling online DS3035 application and sending three NOC and third party barcode packet for J1 waiver

Then, fill the DS-3035 document from following link:
(go to  Complete an online application for a J-1 waiver recommendation.)
Print the PDF file and arrange two application packets as follows and send to respective addresses:
Application packet 1 
1) Original NOC from a) Regional passport office, Bangalore, Karnataka, b) State Home Department, Karnataka, and c) Ministry of Human Resource, New Delhi, India.
2) Original Notarized affidavit and Biodata on Rs 100 electronic bond paper (use one from  5 sets prepared in step 1).
3) Copy of Third Party Bar Code page from US state Department containing Waiver Review Case File number (this is present at the end of the DS-3035 PDF file generated from online filling).
4) Copies of Indian Passport (New and old), US VISA stamp on passport and DS2019 forms (all).    
Send this application packet to: Consular section, CPV Division, Ministry of External Affairs,
Patiala House Annexe,  Tilak Marg, New Delhi-110001.
5) Cover letter (attached document 4)

Application packet 2
1. From DS-3035 PDF file print “Waiver Review Division Barcode Page” (on second page).
2. From DS-3035  PDF file print “J-1 VISA WAIVER RECOMMENDATION APPLICATION” including “supplementary applicant information pages
3. Copies of all (including your spouse and kids) DS-2019 forms (on which you visited to USA) and old and new passport copies.
4. Application fee of $120  PER J-1 APPLICANT (no fee for J2 applicants). Please send a cashier's check or money order in U.S.currency drawn on a U.S. bank, made payable to THE U.S. DEPARTMENT OF STATE. Include your name, date and place of birth on whatever form of payment you submit.
5. Two self-addressed (see precaution below) , USA stamp envelopes.

Send this application packet 2 to: U.S. Department of State, Waiver Review Division, P.O. Box 952137, St. Louis, MO 63195-2137

Precaution: If you have friend in USA, I strongly recommend you to take his help. Send all your document to him/her bye e-mail and ask them to take $120 cashier's check or money. Also tell them to write his/her address on self-addressed envelope and post to application packet to following address:

After completing step 2, within a month you will receive copy of “NORI recommendation letter” from Consular section, India, who will then transfer your “NORI recommendation letter” to US Embassy in New Delhi, India. Then US Embassy in New Delhi, India will transfer your “NORI recommendation letter” U.S. Department of State, Waiver Review Division.

 When “U.S. Department of State, Waiver Review Division” receive NORI letter from respective people, they will update the status online. You can check the status of your application online using your case number (where you generated DS-3035).

Then “U.S. Department of State, Waiver Review Division” will recommend your case to United States Citizenship and Immigration Services (USCIS) for the J1 waiver (you/your friend will also receive same letter by mail, self-addressed envelope). All this process depends on “how soon” Consular section of India send your NORI to US Embassy in New Delhi. So, if you do not get any response after month, get in touch with consular section of India by e mail.

When your case reaches to USCIS, you will receive case number for your application. They usually take 3-4 weeks to grant J1 waiver. You (or your friend) will receive document by mail stating that you have been waived from “two year home country stay”. The whole process, that is Step 1 and Step 2, usually take minimum 4 months. In my case it took bit longer (6 months). Hope above information is useful.  Good luck!


17 comments:

  1. Hi,

    Thanks for the wonderful content. I am in the same situation (J1 expired and returned to India),and the whole process seems so daunting.

    MEA website says that candidates who are applying for NORI/waiver from India should approach CPV, Ministry of External Affairs instead of Indian consulate in US.

    First step is to notarise all 8 copies of the biodata and affidavit. What to do next?
    Do we get the notarized documents attested from CPV New Delhi before sending them to 3 offices for the step 2? Can this attestation be done postal or in person at CPV New Delhi?

    Thanks again for sharing your experience.

    ReplyDelete
  2. Hi,
    Don’t worry about it. First step is : Step 1: Obtaining NOC from three offices. Just follow what I have written above. You will get it!!! Of course you have to wait quite a bit of time (2 to 6 months).

    Note to other users : I accidentally saw your email in my “social ” box which I often don’t look at. If email come from Unknown (without name ) it will go to Social ( I am not see it)! So those who want reply, I recommend to post comments with name (even if its fake e-mail name like XYZ@gmail.com).


    ReplyDelete
    Replies
    1. Thank you Veeresha..you are an angel...I will be in touch.

      Madhur Parihar

      Delete
  3. Hi again,
    MHRD now has a website for issuing NORI. It specifically asks for notarized and attested documents as seen in this screenshot. https://m.imgur.com/a/WbbjL

    I am worried about the CGI attestation process.

    ReplyDelete
    Replies
    1. Did you get answer to CGI attestation process ?
      I'm also following the website for issuing NORI but not sure about CGI attestation.

      Delete
    2. Dear Veeresha ,
      Thanks for the wonderful post and please help me with this attestation question. Do we need to attest the notarized copies of the biodata and affidavit if I am applying from India?

      What about this MHRD website https://m.imgur.com/a/WbbjL

      Any help/insights from anybody will be greatly appreciated.

      Delete
  4. Could you please share the attachments?

    ReplyDelete
  5. Hi,
    Here they are;
    https://sites.google.com/site/applyingj1waverfromindia/system/app/pages/search?scope=search-site&q=NORI

    Best
    VY

    ReplyDelete
  6. Hi Veeresha, I really appreciate what you doing for others.

    Just 2 question:-
    1. where can i find the biodata sample.?
    2. should i apply even if i dont have any job offer available in hand.

    ReplyDelete
  7. Hi,
    1. Here is link; https://sites.google.com/site/applyingj1waverfromindia/system/app/pages/search?scope=search-site&q=NORI

    2. Process takes 3-6 months. So you better apply now. When you have job offer, you can fly!
    Good luck.

    ReplyDelete
  8. This comment has been removed by the author.

    ReplyDelete
  9. Hi Veeresha,
    Thanks for sharing this very helpful information.
    I do have 2 questions-

    1- do we need any kind of attestation from CPV before sending the notarized docs to office 1-3.

    2. How to send them, in person or by speed post. I am worried, how to contact them in case of any delay.

    Thanks
    Deepak

    ReplyDelete
    Replies
    1. Hi Deepak,
      Did you get an answer to your specific question? Please help me in this same topic.

      Delete
  10. This comment has been removed by the author.

    ReplyDelete
  11. Hi Veeresha,

    Thank you very much for the highly informative content.

    I would
    like know how do we get the Indian consular officer's signature on the notarized forms from India. ?

    ReplyDelete
  12. Hi,

    Thanks a lot for the information.
    I applied for the NORI from MHRD at nori.ac.in but the passport office in Bangalore are not very sure about the exact procedure and issuing NOC for applicants residing in India. They are requesting some intimation from the CPV division.
    Do we have to send something to the CPV division of MEA first?
    Thank you, any help would be really appreciated.

    ReplyDelete
  13. Hello Mr. Veeresha,

    Thank you for the wonderful write up explaining the step by step process of J1 waiver. I would like to follow your guidelines, but currently I am residing in Sweden as a postdoc. is that possible I can follow your guidelines to waive 212E rule. Thanks and really appreciated for your kind effort.

    ReplyDelete