file H1B petition with favorable recommendation

[J_1_Holder]

Can my employer file the J1->H1b petition using the DoS favorable recommendation? Or does it has to wait for the actual waiver from USCIS?

Thanks

 

[jk0274]

You can file using the favorable recommendation, no problem. You may get an RFE asking for your final waiver at some point down the road, but this is standard and many people do it this way.

 

[mmed]

You can file using the favorable recommendation, no problem. You may get an RFE asking for your final waiver at some point down the road, but this is standard and many people do it this way.

Yes you can apply but the H will not be issued before final waiver