Help.... in WAIVER based on NOC

[shaid]

I am on J-1 visa. I came to USA 9 months before. I have job contract on J-1 till Sept. 2009. I want to change my status to H1. My current J-1 sponsor (Professor) is agreed to sponsor me on H1B. He told me that he could give me another H1B job offer letter till Sept. 2009 (the exact ending date of my J1 job and from the same funding organization). Should I apply for waiver based on the NOC in the current circumstances. Or Do I need another offer letter longer than my current j-1 job and from different funding organization.

[dheeraj212]

Yes, you can apply for a J1 waiver now, and I think its the right time as you hav a lot time left and dont need to hurry to get a waiver. If you start the process right now you should be receiving it before May next year for sure.

And applying for a J1 waiver has nothing to do with applying for H1b petition, both are independent processes, the only thing is that for H1b they would ask you to produce J1 waiver if you come from a country where students need J1 waiver.

[shaid]

Originally Posted by dheeraj212

Yes, you can apply for a J1 waiver now, and I think its the right time as you hav a lot time left and dont need to hurry to get a waiver. If you start the process right now you should be receiving it before May next year for sure.

And applying for a J1 waiver has nothing to do with applying for H1b petition, both are independent processes, the only thing is that for H1b they would ask you to produce J1 waiver if you come from a country where students need J1 waiver.

On this forum I have read that I have to tell reason for apply J1 waiver. My reason is to get H1b visa. So in my waiver application do I need at least job offer letter or supporting letter (that my university would hire me on H1B after the waiver), or I need the both letters.

[dheeraj212]

I dont think it will be a good reason to apply for J1 waiver. USCIS may ask straight away ' SO YOU DONT WANNA FULFILL YOUR 2 YEAR HRR BECAUSE YOU GOT A JOB OFFER' they might simply deny it.

To check for reasons, check out posts on this forums or consult a lawyer, there can be a plenty of other reasons.

D