H1B with DOS recommendation

[bwahlt]

Dear all, I got favorable recommendation from Depart of State. From reading this forum, while the status says "sent", i understand it actually just means "approved" and then it will go to the clerk who will then print it out and send a copy, which might two-three weeks for me to receive the copy.

My employer is ready to submit the H1B petition, and we are all waiting on the recommendation letter to include in the package. If we do not receive it in 10 days I will be out of status.

Then I understand I need to leave the US and wait for the actual waiver from USCIS to go to visa stamping. Reading this forum, I understand its a long wait to receive the actual waiver. So it will be in my employers benefit to submit while I am in the US, otherwise they have to wait longer, as they want me to start working asap.

So my question is: Is it possible to submit the H1b petition, including only the recommendation info obtained from Dept of State website, and request more time to receive the actual letter? Would it help my employer to write a letter to USCIS explaining the situation, or is there a form or anything that they can use to your knowledge?

Thanks your your help. Bernd.

 

[rijo]

I was on a J1 and very recently got the favorable recommendation and waiting for the actual letter. The lawyer of my future employer told me that they can go ahead with an H1 petition while we wait for the actual waiver letter from USCIS. They are infact doing a premium processing. According to their attorney this is fine. Hope this helps.

 

[mmed]

Dear all, I got favorable recommendation from Depart of State. From reading this forum, while the status says "sent", i understand it actually just means "approved" and then it will go to the clerk who will then print it out and send a copy, which might two-three weeks for me to receive the copy.

My employer is ready to submit the H1B petition, and we are all waiting on the recommendation letter to include in the package. If we do not receive it in 10 days I will be out of status.

Then I understand I need to leave the US and wait for the actual waiver from USCIS to go to visa stamping. Reading this forum, I understand its a long wait to receive the actual waiver. So it will be in my employers benefit to submit while I am in the US, otherwise they have to wait longer, as they want me to start working asap.

So my question is: Is it possible to submit the H1b petition, including only the recommendation info obtained from Dept of State website, and request more time to receive the actual letter? Would it help my employer to write a letter to USCIS explaining the situation, or is there a form or anything that they can use to your knowledge?

Thanks your your help. Bernd.

You receive the letter ~21 days from the sent date. It is the minimum to be included in the H package. The final waiver may come before you receive the favorable recommendation letter (most cases approved few days after favorable recommendation not the reverse)