Can you get waiver approved too early?

D

danmino

New Member
Hi all,

I'm new to this side of things. I have a question: what is the usual timeframe nowadays to get your Conrad 30 waiver approved? I am a J1 physician applying through State Department as a specialist. The State HHS already gave the favorable recommenadtion and forwarded to the Department of state. I guess next steps are DOS and USCIS. How long does that take? Also, the 90-day rule - you need to join 90 days after you get the H1 or after you get the USCIS approval??

Thanks for your help!!!

Dan
 
many people have had there waivers approved "too soon" and werent able to join in 90 days (including myself). My lawyer discussed this with the sates conrad 30 people and was assured it wouldnt be a problem as long as the candidate joins in a reasonable time after H1 approval.
 
THks!

Thanks ! So I gather that joining less than 90 days after the actual H1B approved is enough? (instead of the J-1 waiver approval). The letter signed with the State Dept states 90 days from aproval of BOTH USCIS and the U.S. Department of Labor I am suspicious that the DOS/USCIS will approve my waiver before april 2nd, however H1B approval is more under control as long as you can always file by expedited processing ??
 
Hi Danmino,
My spouse already got the waiver approval and it clearly states that she should start working within 90 days of the notice date (of the waiver approval) which is Feb 1. As she will end her fellowship on June 30 she cannot start her waiver job before July 1. Our lawyer said that we shouldn't be concerned about the 90 day period (just hope he knows what he's talking about). The State forwarded the waiver recommendation early January - so DOS and USCIS moved very fast. We didn't file for H1 yet. Hope this helps. BTW, we are romanian too.
 
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Everyone who applies for his waiver in time seems to get worried by the wording on the DOS letter. It is my understanding that this is not a problem and that neither USCIS nor DOS make one out of it.
 
hadron said:
Everyone who applies for his waiver in time seems to get worried by the wording on the DOS letter. It is my understanding that this is not a problem and that neither USCIS nor DOS make one out of it.
Click to expand...

It is true...but if you're so worried about it, just apply for H1-b through regular processing. The approval might come in may/june... If it gets delayed, say middle/end of june and you've not got approval, you can always pay $1K and upgrade to PP.
 
Feel better

Thank you all for your responses! I feel much better now. I spoke with my lawyer and he has the same impression- we can file by regular processing and eventually pay for premium later if needed
 
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