H1 b approval after J1 waiver approval by USCIS

F

ferdie

Registered Users (C)
I have recieved USCIS approval of my J1 waiver on 18 feb 2005. My lawyer apllied for my H1b at the very same time. Now my lawyer recieved a RFE stating that USCIS Texas center requires my South carolina liscense for the approval of H1b and gave us a time of 12 weeks to file the evidence which ends on 11 june 2005 , failing which they might deny the application.
South Carolina board says that they will only issue me a license after i finish 3 yrs of residency which ends on 6/30/05.
My questions is
1) If SC board doesnt issue me license by 11th June will my application be rejected.
2) If its rejected can I reapply for H1b after I get the lecense.
3) i am sure many people must be going through the same experience right now as I am going through. :confused:
 
get a letter from the state that they will give you a licence once you are done with program. I am sure there are lot of people who got H1 based on the letter from licence board. any one who has done this please respond
 
j1 90 days rule

Hi I have same problem that my waiver approved on april 7 and I want to start working on august but they said you have to work with in 90 days means maximum july 7 I want to extend it I do not know how any body knows as I will not be ready before august Thank you.
 
ferdie,

I think your lawyer should know how to handle this RFE.

One thing comes to mind, if you get a letter from state and submit that in response to RFE before the deadline, if USCIS does accept that letter USCIS might issue another RFE with new deadline. You could bounce this idea with your lawyer if you have not explored this possibility.

Good luck.
 
90 day rule

This rule is enforced by the state. Some States are flexible and some are strict. You can call J1 waiver department of your State and find out.

But.... even if the State does not care.... If I were you, I would start within 90 days to have this haunt you at a later day.....unless you did not get H1 on time. If you have be at some other place, I would start and take leave until August.

If you have not applied for H1 then apply without premium processing, and you might get the visa late. Again, check with your state what they say.
 
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