HHS Research Waiver

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poocha1

New Member
Hi there:

I'm a physician, was previously on J-1 visa, changed it to O-1 (valid till Oct 2005), and then applied for the I 140 (EB-1/EB-2 and Outstanding researcher) in May 2004, and the HHS research waiver (to waive the 2 year home residency requirement). I just found out that my attorney "missed" filing for the HHS research waiver. We are in the process of filing it hopefully next month.
My Q is, will the delay in filing the HHS research waiver, delay the processing of the I-140 petition. I would appreciate any help in this matter.
Thanks.
 
poocha1 said:
Hi there:

I'm a physician, was previously on J-1 visa, changed it to O-1 (valid till Oct 2005), and then applied for the I 140 (EB-1/EB-2 and Outstanding researcher) in May 2004, and the HHS research waiver (to waive the 2 year home residency requirement). I just found out that my attorney "missed" filing for the HHS research waiver. We are in the process of filing it hopefully next month.
My Q is, will the delay in filing the HHS research waiver, delay the processing of the I-140 petition. I would appreciate any help in this matter.
Thanks.
Click to expand...

You need to submit I-140 application with USCIS waiver approval letter if you have one. I would FIRST get waiver approved and then apply. I had transitions from J1 to H1B1 to Green Card. I did get Home Residency Requirement waiver approved from INS before submitting I-140 application. Good luck with your waiver and green card process.
 
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I think that at I-140 stage you do not need a waiver. You may search this forum or internet to confirm that.

It is absolutely necessary for 485. Without a waiver you are not eligible for adjustment of status. If you applied concurrently, then this could be a serious problem.
 
My understanding is that for filing I-140, one does not need the waiver, but you need it for I-485 filing. Filing I-140 does not provide you with any legal status to stay in the US, nor does it require one to stay in the US. Not legal advice, please confirm yourself.
 
Raj1994 said:
My understanding is that for filing I-140, one does not need the waiver, but you need it for I-485 filing. Filing I-140 does not provide you with any legal status to stay in the US, nor does it require one to stay in the US. Not legal advice, please confirm yourself.
Click to expand...

I agree with Alexk and Raj1994. The waiver is required for a change of status either to non-immigrant visa (H1B1) or adjustment of status to permanent residency. Though there are no regulations, it is a good idea to submit waiver with other documents for immigrant visa petition (I-140).
 
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