Change of status while waiting for J1 waiver from INS

A

ashtosh

New Member
I had applied for J1 waiver and I received the recommendation from State Deptt. in September, 2004. However, INS has not issued the waiver till date. Now, my status as J1 is Ok till September 2005. I am ready to file for change of status to H1. Is it possible to file for H1 based on the waiver from State Deptt or do we need to wait for the waiver from INS. If we have to wait for the waiver from INS, what happens if they do not issue the waiver by the end of September, when my current J1 expires?

Please help. I am very much puzzled.

Thanks
 
Hi there. What kind of waiver is this? In my case it was hardship and same thing happened since June of 2004. We did file for COS with the waiver receipt and DOS approval notice and also asked that they send the final waiver approval too. We used premium processing more for the possibility of fast and direct communication. What happened is that I got the H1 but don't have the final waiver approval yet!! See my post "How do I get final approval" just under.
So let us know what happens with yours please. :confused:
 
did you ever get a notice of receipt for I-612 from Service center, ashtosh? If not, your case probably got lost in the mail.
 
ashtosh:
In my opinion you can apply for H1 now with the recomn of DOS. I was in a similar situation. I got the DOS recomn. and applied for H1B (same employer as J1). I received the final waiver along with my H1B approval notice. (Within about 2 weeks after DOS recomn. I received the receipt notice from TSC about waiver). If you have not received one yet, you may want to check that as suggested by LucyMO.
Good luck!
 
You are talking about Foreign Residency Waiver or No Objection waiver, right? If so, I'm not sure if it is the same for H1 and GC, but when I was going for my green card, I was told that I can't submit anything without getting the No Objection waiver first.
 
Thanks for the info

Thanks a lot all of you for replying to my post.
It was finally revelaed that the waiver was approved last year but the notice was not sent. INS agreed to consider the case with only the DOS waiver.

Thanks again
 
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