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santasingh

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What is the actual date of start of J1 Waiver ? Is it the date that the USCIS approves your I 612 ( Application to waive foreign residence requirement) or the actual date of start at prctice site. In my case these dates are different. I-612 approved 22 days after the actual start date.
Thanks in advance
 
santasingh said:
What is the actual date of start of J1 Waiver ? Is it the date that the USCIS approves your I 612 ( Application to waive foreign residence requirement) or the actual date of start at prctice site. In my case these dates are different. I-612 approved 22 days after the actual start date.
Thanks in advance
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Actually, you start working after H1B is approved. When was your H1B approved?
 
What visa did you start work on? Usually you cannot get your H1b visa approved until you I612 is approved, and, you can't start you waiver job until you get your H1b visa. So you need to provide some more information.
 
My H1-B was approved on 7/29/2005 and my i612 was approved on 8/22/05. I started working at the site from 8/1/05
 
I am a little unclear about how you got your H1b approved without the I612 approval. You might want to check with your lawyer about this.
 
Sometimes the H1B approval comes before the J1 waiver approval as it did in my case. I brought it to their attention and they corrected it. However, the answer to the question is that the date of your J1 waiver job is the first date you worked at the job after the approval of the J1 waiver (not the H1B). You can only work if you have an H1B obviously. So, in your case 8/22/05. It is the day J1 waiver and H1B is approved whichever is later. (Ideally, it should happen at the same time, but often does not)
 
Thanks for your reply psychmd7. My H1-B is approved only upto 8/1/08 with my current employer which means that I will be 22days short of three year as per your comment. my next employer is not in a MUA/HPSA area and I am working there from 9/1/08. I cannot work for the current employer for 22 days more because of H1-B expires on 8/1/08, also my position is dissolved. What should I do now?
 
you will have to extend your H1b until 8/22. I am in the same situation. I have to extend it for 5 days. You will have to tell you job that they will have to extend it until the end of your J1 waiver term which is 8/22.
 
Thanks again psychmd. My new job had filed for a H1-B for me starting 8/1/08, however I wont be able to work with them untill 9/1/08 because my previlages are still pending.
I dont think that I will be out of status. I will be spending some time at a MUA in my new job too. I will have to talk to the state department of health tomorrow and figure if they are Ok with it.
I asked my lawyer and he said that my initial H1-B approval is soley dependent of J1 waiver approval and I could not have changed my status initially from J1 to H1 unless my waiver was approved, as the latter is a prerequisite.
My current employer wont be able to help extend my H1-b for next 22 days as they have already filled up that spot?
 
well, tell your lawyer that the USCIS sometimes does that and causes us trouble. it is not your fault that they gave you an H1B before J1 waiver approval. it is their fault and unfortunately, there is nothing one can do to emphasize that.
main thing is to clarify from DOH what dates they are going to put down for your J1 waiver and what you can do if you are short. this will come up when you apply for your greencard because you are going to have to show 3 years. it all depends on whom you get from USCIS reviewing your application, becoz if it is a nit picker who counts the days, then you will be in trouble. you want to be on the safe side and make sure you have your dates. from what i understand, DOH also sends a letter to USCIS with the dates of your J1 waiver. i don't know if USCIS ever goes back and checks that. but then, we have no control over what USCIS does or does not do. all we can do is make sure we have what is required.
these guys just make our lives miserable.
 
Thansk psychmd. I talked to DOH of my state today and the program coordinator of J1waiver program told me that she is willing to give me 3 year completion letter from 8/1/05 to 8/1/08.
Do you think that it should be enough to avoid any complication in future ?
 
I think that should do it. you can submit that as proof along with your tax returns for those years. congrats!!
 
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