J1 Waiver: Required to start employment in 90days?

J

junpowmd

New Member
I just received my I-797C Notice of Action (approval notice for I612 application to waive foreign residence requirements).

This notice came with a 2-page attachment requiring me to start working with my new employer "within 90 days of the date of this notice" pursuant to section 214(l) of the Immigration and Nationality Act.

I am still in fellowship, finishing end of June 2008. I also have not applied for my H1B yet. My lawyer had previously mentioned about holding off on filing my H1B application so I would not need to worry about starting within 90 days if I weren't ready yet. So I'm surprised that this attachment came with my approval notice this early.

My question is: does this 90-day requirement apply to someone who has not applied for an H1b yet? Put another way, does this 90-day requirement really start on the issuance of the approval notice for the waiver (I-797C), or does it start after my H1B application has been filed and approved (planning to submit it in April or May so I could have July as a month off after fellowship and start with my new job in August). Also, a couple of people I had asked who are also in the same stage of application as I am had never received these attachments with their I-797's-- so is there anyone else out there who did?

Still waiting to hear from my lawyer, so would appreciate any thoughts that you may want to post in reply.
 
hi,

yesterday i received the same I-797 with the 2 pages addendum listing the same thing as you said it...

I contacted an immigration lawyer who is a friend of mine and she told me taht this is an old law and is not respected anymore as it is unreasonable.

many people will wait for more than 3 months before being able to have their H1 processed.

I am still waiting for the lawyer who is processing the whole waiver application to give me his final answer.

I am worried that this may come back and hit us 3 years from now when you finish your waiver requirement and try to get the Green card processed.
 
kappajd said:
hi,

yesterday i received the same I-797 with the 2 pages addendum listing the same thing as you said it...

I contacted an immigration lawyer who is a friend of mine and she told me taht this is an old law and is not respected anymore as it is unreasonable.

many people will wait for more than 3 months before being able to have their H1 processed.

I am still waiting for the lawyer who is processing the whole waiver application to give me his final answer.

I am worried that this may come back and hit us 3 years from now when you finish your waiver requirement and try to get the Green card processed.
Click to expand...

Kappajd,

Thanks for your quick response! So it seems like we don't really have something concrete to hold on to (like an amendment) to reassure us that waiting beyond 90 days (for whatever reason-- finish training, delayed H1b application, etc) before starting employment is fine...

My understanding from my lawyer before was, you have to time your H1B application well so that you can definitely start employment within 90 days of H1B approval. Hence, he said we should hold off on it.

I just heard from a friend too that her lawyer warned her that due to delays in H1B processing right now, she might be unemployed for 2-3 months after training (trng ends June 2008, and she just submitted her application to DOS).

Let's keep each other posted on our progress, shall we?

Thanks.
 
J 90 days start

Hello, I'm currently in the same situation. My I797 was issued Mar 19 and it said I should start w/in 90 days. I'm in a fellowship which finishes June 30. I hope to hear from you guys on what our options are so that it doesn't jeopardize our future application for permanent residence. Thanks!
 
I am also in same page. My J1 status will expire on Aug 2009, and I am in the middle of waiver process. i am hoping to get waiver by Aug/sept 2008.

I am wondering, do I need to start job or H1 processing after (or within 90 days)Aug 2008 or I can wait untill I finish my J1 fellowship (Aug2009).

Please help me understanding this compex rule.
 
Did anyone get an answer for this? I Just got my 612 approval, but it's only March 2nd today and I am not planning on starting my job until July....

Did you guys have any problems with this?? Really worried this may ruin the whole process now by filing too early...
 
Sorry for reviving an old thread but I was wondering if original post authors on anyone who experienced a similar situation could comment on what happens if you are unable to start employment withing 90 days of receiving approval notice.

I just received my I-797C Approval Notice requesting that I begin my employment within 90 days which is going to be impossible since I'm still in training, graduating in 6 months, June this year.
 
For anyone that might experience similar issue, my lawyer told me that this happens all the time and there's nothing to worry about. Your residency training is a good justification for a late start
 
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