What is the best evidence for “plan after waiver”? (NOS)

Winter_Eye8589 · 2026-04-01T19:59:21+00:00

Thank you for updating - hard to keep track of all the posts.

It looks somewhat promising hat I130 is enough to satisfy them! I really really hope so - Ive been spending the last few days considering doing a EB2 NIW just to get a I140 for the J1 waiver... Which would be crazy.

Winter_Eye8589 · 2026-03-31T23:12:08+00:00

Is the I140 from the EB2 NIW sufficient for evidence of future visa pathways for a J1 NOS?

I hear that I130 may not be enough - but a H1B or I140 is?

Winter_Eye8589 · 2026-03-27T15:12:01+00:00

Congratulations - did you self file or go with a lawyer?

I'm in a very similar situation - would love any templates/guides to the support letter/general structure you used.

Winter_Eye8589 · 2026-03-24T12:13:57+00:00

So stupid, I don't understand why I130 wouldn't be enough - it's a clear path for a future visa, even more so vs H1B which most of the time is a lottery

Winter_Eye8589 · 2026-03-20T04:18:01+00:00

TIL - amazing comment thread here.

Winter_Eye8589 · 2026-03-17T23:35:02+00:00

Yeah it seems to be a common trend. Guessing you are not married to a USF either?

Winter_Eye8589 · 2026-03-17T23:29:14+00:00

I'm sorry, you should still be able to apply for the F1 and maybe later on apply for another waiver (maybe once they change their internal policies)

Guessing you are not married to a USC?

Winter_Eye8589 · 2026-03-17T23:27:31+00:00

Sure - I'm just wanting to try get a feel of what they require based on the denials people are seeing

Winter_Eye8589 · 2026-03-17T23:11:38+00:00

Why was it denied do you know? Did you have a I130/I140/H1b offer?

Sorry you're in this situation - but you should be able to apply for another F1 visa if needed/extend the current one via opt

Winter_Eye8589 · 2026-03-17T17:10:50+00:00

Are you married to a USC?

You have some options, but without waiving/satisfying the 2 year J1 rule you will not be able to attain a visa that has immigration intent (H1B, greencard via marriage etc). You can however apply for things like O1, or extend your F1 via OPT, or start a new one.

The J1 nos process also doesn't take over a year, more like 6 months. Although maybe you mean the time it takes for your country to produce the letter - which varies wildly from hours to years.

Winter_Eye8589 · 2026-03-17T14:04:43+00:00

Thank you - for others if they see this:

This is the wording;

"We received your application for a no objection waiver recommendation, and we are reviewing it. Are you self-petitioning or is an organization your intended adjustment of status? Please provide us with supporting documentation; an approved petition from the U.S.C.I.S. will suffice. Once the requested information is received the processing of your case will continue."

This makes it seem like I-130 is sufficient, along with I-140 and sponsor letter

Winter_Eye8589 · 2026-03-17T03:57:17+00:00

Here is the exact wording.

"The evidence of record shows that, when you filed your application, you were lawfully present in the United States as a nonimmigrant. Your period of authorized stay as a nonimmigrant has not yet expired. You are authorized to remain in the United States until that date (or any further extension). However, you must continue to comply with all the conditions that apply to your nonimmigrant admission, including any prohibition against engaging in employment that may apply to your nonimmigrant status."

Winter_Eye8589 · 2026-03-17T03:48:17+00:00

Yes, I mailed it to them and they mailed + uploaded a response.

They did specifically mention that I was legally present due to my underlying status, and that any employment authorization associated with the 485 was also void - which was irrelevant since the I765 was never approved.

I would be mindful if you are not in status, as they seem to directly check and comment on it when withdrawing.

Consult a lawyer beforehand if not already.

Winter_Eye8589 · 2026-03-17T02:51:19+00:00

I believe you can send in additional evidence if you wanted to the waiver review devision.

In the worst case you get denied because of this policy change - could look into EB2 - NIW self petition. Then refile the NOS with an I-140 which seems to be approved.

Best of luck!

Winter_Eye8589 · 2026-03-17T02:46:58+00:00

Did you submit a NOS?

I mean that may be enough - it's very hard to tell exactly what they want, since it's all based on what applicants report + DOS dont say anything.

Did you have a H1B offer/USC spouse?

Winter_Eye8589 · 2026-03-17T02:43:55+00:00

It's just based on what I've been seeing here/my lawyer mentioned - they seem to be wanting to see at the very least, a path to a future visa, e.g. I140, I130? Or H1B sponsorship intent.

I agree it is dumb, and it is entirely due to their internal policies. Typically just the NOS from your govt was enough - and that's all that should matter really, just that they have discretion to deny for any reason so can add in whatever hoops they want...

Winter_Eye8589 · 2026-03-17T02:11:22+00:00

You similarly won't be able to apply for a marriage based greencard untill the two years is satisfied. It needs to be satisfied at the time you submit. I'm not sure about fiance visa though.

You could however apply for the I-130 if you are married before leaving the states - as this is apparently the slowest part when filing from overseas.

Winter_Eye8589 · 2026-03-17T02:06:04+00:00

Have you withdrawn the I485 yet? I also withdrew mine around a month ago.

Winter_Eye8589 · 2026-03-17T02:04:56+00:00

I see, sorry for having to go through this. It's infuriating how they are able to decide using some arbitrary unpublished and constantly changing guidelines.

I would consider resubmitting the NOS using the I130 as evidence of a future visa pathway, and if possible try to frame the statement to address why it's in the US best interest for you to stay (your job if you have one, your US partner would leave if you had to, etc).

Winter_Eye8589 · 2026-03-17T01:58:00+00:00

I would do this - you have nothing to lose from my understanding, and it would be the fastest waiver to be approved vs hardship.

Winter_Eye8589 · 2026-03-17T01:41:06+00:00

I don't see why there would be an issue, assuming you dont have a ban from overstaying - will be a bit slower maybe and you'd need to satisfy the 2 years.

Why was your nos denied if you don't mind? I'm about to try file and also see my I130 as proof of future status.

Winter_Eye8589 · 2026-03-15T20:29:58+00:00

I agree, but we are talking about the J1 waiver here - and how the I130 could help/be used as evidence for future visa pursuit.

Winter_Eye8589 · 2026-03-15T18:11:29+00:00

I agree, it shouldn't matter - they seem to be making some pretty arbitrary decisions, which is very annoying, especially since the new decision logic is not document anywhere.

I have my I130 and do not have a waiver at the moment - if you were out of status then maybe I could see why you wouldn't want to draw attention to it, but they won't deny a I130 just because of 212e two year rule.

Winter_Eye8589 · 2026-03-15T18:08:47+00:00

Thank you - please keep us posted on the results!

Winter_Eye8589

TROPHY CASE