J1 Waiver to H1B question please Help!

F

FFA

Registered Users (C)
J1Victum, i send you the email now i am posting my question on this group please answer.

Current Information:

I am US Citizen. My Wife (who is Physician doing residency on J1 visa) got J1 Waiver job based on State Department of health (Conrad/State 30) in medically under served area.

1 - US department of state has been approved the J1 waiver and made a favorable recommendation to USCIS (U.S. Citizenship and Immigration Services).

2 - USCIS has made a final recommendation for J1 waiver approval on March 15th, 2004 and notify us to contact your local Immigration office to obtain H1B Visa and she need to join her J1 Waiver job within 90 days of this notice as they mention in this notice.


3 – She will complete her residency training on 30th June 2004 , which is passed 90 days and also apply for state medical license which will again take 2 to 6 weeks.

Questions?

1 - She need to apply for H1 B visa, what forms she need to fill and any other procedures she needs to follow?


2 - There is a 90-day limit to start her waiver job, but her residency will be done on June 30th 2004, and also apply for state medical license will take 2-6 weeks more, which is after 90 day limit?

3 - Her J1 Visa expires on June 30th,2004.If she still do not get the H1 visa based on J1 Waiver what will be her status?

4 - I am US Citizen is she still need to complete 3 years on her J1 Waiver job?



Please answer those question, I will be very thank full to you.
 
hey FFA, answers to your Qs:

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1 - She need to apply for H1 B visa, what forms she need to fill and any other procedures she needs to follow?
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>>> H1B visa/status will be in 3 stages:
i) LCA from DOL (Labor Condition Application, Dept of labor)
ii) H1B petition --- suggest you go for premium processing.
iii) H1 visa stamping/status

best would be to go th' a lawyer for getting these 3 done. But you may also do them if you have time.

i) for LCA --- get the prevailing wage from Online Wage Library. at http://www.flcdatacenter.com/owl.asp
you can use Level 1 wages if the job is an entry level job. Most of the J1 waiver jobs are entry level jobs and Level 1 wages are ok. (however some state labor departments frown upon level 1 wages and want level 2 instead).
Look at Question 15 to decide about the level 1 or 2 for the job here: http://ows.doleta.gov/foreign/wages.asp

u may need to contact the state labor dept to get the prevailing wage approval in writing.
then
file ETA9035 with dept of labor ( u can file it online and can get approval/certification in 1 minute). here: http://www.lca.doleta.gov

ii) H1B petition: submit to USCIS:->> I-129, Supplement H, I-129W, I-907 (for premium processing), certified LCA, current I-94 copy, copy of J1 (or IAP-66), med school degree, State medical license, USMLE 1/2/3 certificates, ECFMG certificate, J waiver approval letter from USCIS if available.

iii) H1B status/visa: you can write in I-129 at step (ii) for status change to H1 or can go outside US and get a visa. more details on this at http://www.immihelp.com

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2 - There is a 90-day limit to start her waiver job, but her residency will be done on June 30th 2004, and also apply for state medical license will take 2-6 weeks more, which is after 90 day limit?
************************

yes, that's is a tricky situation. don't know the clear answer to that. although I don't foresee this as a major problem.

Hey Kidsdoc!!!!! any ideas???????

one suggestion would be to write to CIS, explain the situation and ask their opinion.

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3 - Her J1 Visa expires on June 30th,2004.If she still do not get the H1 visa based on J1 Waiver what will be her status?
***********************

She will be legal, and pending adjustment of status, but she MUST apply for H1 petition (not the LCA) BEFORE june 30. Also if her Specialty board exams are within 6 months of completion of residency, then ECFMG can extend her IAP-66. DO THIS ASAP as this will give her another 6 months time window.

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4 - I am US Citizen is she still need to complete 3 years on her J1 Waiver job?
**********************
YES. or she may also go to her home country for 2 years, whatever you prefer.

************************************

disclaimer: personal opinion only.
 
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90 day rule

FFA,

The 90 day rule is indeed a tricky situation and am pretty sure it comes up frequently. I wonder if there are persons who can share their past experiences with this rule. Good luck..

nephdoc2003:(
 
UCIS final approval

Hi,
I got a J1 waiver through state 30 but and an H1b. My case was sent to USCIS for a final recommendation for J1 waiver approval.

How long does UCIS take to issue the final waiver?

The consulate in Delhi does not stamp H1b without this final approval.

Thanks
Amar
 
J1 to H1B (Waiver)

It will take 2-3 weeks for final approval. Can we take H1B visa from our home country also based on J1 Waiver state 30?If you are in USA is it much easier to get it from here just to apply H1B under change of status?.Please let me know if you have any idea about 90 day limit to join the waiver job after final approval from USCIS?
 
j1

thanks.

It is better to get it from the US.
I will tell u about my experience in N Delhi after i get the visa
amar
 
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