H-1B petition while J1 waiver is pending

A

aparna7884

New Member
Hi, I am on a J1 visa currently, since Jan 2009. My visa on my Ds-2019 exoires on Dec 2011. I started applying for J1 waiver under the basis of no-objection Mid june 2010. My documents are already submitted to the DOS with a fee and they said they will start the process once my NO objection waiver is sent from the embassy (India).

I spoke to the visa officer at the consulate (NY) today and they told me they received the waiver certificates from MHRD (Delhi) and Regional passport office (Chennai) and awaiting the state decision. Through some sources I came to know that the state (Secretariat) in my hometown had just sent signed and sent the papers to NY.

My question is, I am quitting my current Job(J1) in January and another company is willing to sponsor me an H-1B employment. I was told that J1 Waiver and H-1B petition is an independent process.

My case status is still "Pending" at the DOS and I should be receiving all 3 no objection from my govt in a week. Hopefully if everything goes well the NY consulate should forward the no objection certificate in 2 weeks.

I explained this situation to my prospective employer and they told me since my waiver is depending on No objection statement and since my govt has issued them, they might be able to move forward with the H-1B petition. Is this possible?

Also, I have until January 2011 to change my status to H1B. If my prospective employer files the petition right now, when will I actually need the J1 waiver from BCIS for the petition to be approved?

Hoping that I get a favorable recemmendation from the DOS, and my H1B is under process, will I be able to work for the company right away?

I have so many questions in my head and am so worried.

Thanks for all your time!!!
 
J1 NORI Questions

Hi, I am in a similar situation, but still have some doubts about the process that I followed. I hope you can help. I was also on a J1 and returned to India in Sept 09 when my J1 and my work contract expired. I applied for the waiver in Aug 09, prior to leaving the US. As per my lawyer's advice, I sent the first set of docs to the Waiver Review Division in St. Louis, MO and the second set with the barcode to the Indian Embassy in DC. I have not sent any other docs other than to these two authorities. Since then, I have read on many sites that I need to get NORI's from the 3 offices in India, I'm not sure if that's something I have to do, and if that is why my waiver remains pending.
Would you happen to know if I still have to obtain the NORI's? And if I do, where do I get the statement and affidavit attested? (On the website it says that if I'm in the US, I have to get it notarized and then attested by the consulate, but I'm applying for the same from India)
Thank you!




aparna7884 said:
Hi, I am on a J1 visa currently, since Jan 2009. My visa on my Ds-2019 exoires on Dec 2011. I started applying for J1 waiver under the basis of no-objection Mid june 2010. My documents are already submitted to the DOS with a fee and they said they will start the process once my NO objection waiver is sent from the embassy (India).

I spoke to the visa officer at the consulate (NY) today and they told me they received the waiver certificates from MHRD (Delhi) and Regional passport office (Chennai) and awaiting the state decision. Through some sources I came to know that the state (Secretariat) in my hometown had just sent signed and sent the papers to NY.

My question is, I am quitting my current Job(J1) in January and another company is willing to sponsor me an H-1B employment. I was told that J1 Waiver and H-1B petition is an independent process.

My case status is still "Pending" at the DOS and I should be receiving all 3 no objection from my govt in a week. Hopefully if everything goes well the NY consulate should forward the no objection certificate in 2 weeks.

I explained this situation to my prospective employer and they told me since my waiver is depending on No objection statement and since my govt has issued them, they might be able to move forward with the H-1B petition. Is this possible?

Also, I have until January 2011 to change my status to H1B. If my prospective employer files the petition right now, when will I actually need the J1 waiver from BCIS for the petition to be approved?

Hoping that I get a favorable recemmendation from the DOS, and my H1B is under process, will I be able to work for the company right away?

I have so many questions in my head and am so worried.

Thanks for all your time!!!
Click to expand...
 
witchdoktor,
As far as I know, for the Indian Embassy to send the NOS to DOS, it first asks you get the three NORIs from India (from three different agencies). You can read the details on the IE website. To obtain these NORIs is a whole different process and takes a while (typically 4-8 months). Once all 3 NORIs are received, the IE will send its NOS.

However, if you or your lawyer find a way to avoid this step, please let us know!
 
social.parag,
I sort of know what the NORI process is like, but I'm currently in India. So to get the NORI's attested by the Indian Embassy (before sending it to the concerned authorities) is what I'm unsure of. Is that something that needs to be done when I'm in India?
Acutally, my lawyer was responsible for a huge goof up! We had consulted her with regards to our waiver application and she assured us that there was no need for any NORI's! Hence we did not apply for the same. Now 1.5 years down the line, we realize her mistake. We would be ok with waiting another 6 months but we're relocating from India to another country (Not the US, of course!) so that means we still have to get the waiver to re enter the US.
Quite a fix we're in!
Any advice?
Thanks!
 
That's a terrible goof up by the lawyer. I honestly do not know how to get the NORIs attested by the IE while in India, esp since they ask for the original passport to be sent.
Good luck.
 
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