J-1 Visa / Waiver and H1-B application !!!!!

G

gigel

New Member
Hi,
I'm currently on a J-1 visa valid till spring 2005.
I'm subject to the 212E - 2 years Home Residence Req.
My employer is willing to apply for a H1-B visa for me.

1. Can I apply for H1-B visa (as soon as possible, because of the H1-B CAP)
and the same time apply for j-1 Waiver?

2. If I apply for H1-B visa before getting the Waiver, but I submit the Waiver Case Number with the H1-B application, will my H1-B visa be considered as a valid application? but NOT approved because of the 212E HRR?

3. Any news about the current number of applications for H1-B? What is the situation with the H1-B CAP for f.y. 2005?

4. What chances do I have to obtain a H1-B visa if I submit my application in November 2004????

The processing time for HRR Waiver based on NO Objection Stmt. is 12-16 weeks. The H1-B CAP is 65000.
I'm worried about the fact that to obtain the Waiver it will take about 16 weeks and that means to apply for H1-B at the end of November 2004 --->
there are big chances not to get the H1-B because of the CAP limitation.

please, if you have all this information and answers to my questions, sharethem with me and the others. Thank you.
 
Hello
In my opinion there is no way you can transfer your visa from J-1 to H-1 without getting your WAIVER Forms from USCIS.

Do not do anything in a hurry.Apply for waiver first, wait, no matter how long it takes get that document first.Then proceed.
I beleive the H-1 b cap is meant for people living outside U.S.A.People who are allready living inside U.S.A they do not fall within this cap.
akalingan@yahoo.com
 
Usia...???

Hi Kalingan,
I have found a FAQ in the internet where it states that one can petition to change the status J1 to H1b as soon as you receive a favorable recommendation from the USIA......!! Please verify whether this is true or not..???

I have read similar articles in other sites as well..! If you have any info about this part..please let us know..!

Ramesh.kumar@utdallas.edu

Thanks
Ramesh

Q: What happens after the USIA makes a favorable recommendation for
the waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
The USIA forwards its recommendation directly to the local INS
office (the one listed in your data sheet). The immigration then
sends you a notice form I-797C indicating the receipt of the
recommendation and informs you that it takes 30-60 days to
process your case.

Q: Do I need to submit additional documents to the INS for the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
No. Just sit back, relax and await the final letter from the INS.

Q: How long does it take for the INS to grant the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Usually 30-60 days from the date the INS receives the USIA's
recommendation. In my case, the INS received the USIA's
recommendation (dated March 23, 1994) on April 25, 1994. I
received the final waiver letter from the INS (dated June 2, 1994)
yesterday. Therefore, it is approximately 6 weeks processing time.

Q: Can I petition for change of status from J-1 to H-1 as soon as I
receive the USIA's recommendation or do I need to wait for the final
waiver from INS?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You don't have to wait for the final waiver from INS for petitioning
for the change of status. You can do it as soon as you receive a favorable recommendation from the USIA.

Q: Has anyone been refused a waiver by the INS after the USIA has made a
favorable recommendation?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
I don't know of any such case. INS usually accepts the USIA's
recommendation.
 
exempt from the H1B annual cap

www.immihelp.com/visas/h1b/

As of Oct 17, 2000, the following beneficiaries of approved H1B petitions are exempt from the H1B annual cap:

* beneficiaries who are in J-1 non-immigrant status in order to receive graduate medical education or training, and who have obtained a waiver of the 2-year home residency requirement, or
* beneficiaries who are employed at, or who have received an offer of employment at, an institution of higher education or a related or affiliated non-profit entity; or
* beneficiaries who are employed by, or who have received an offer of employment from, a non-profit research organization; or
* beneficiaries who are employed by, or who have received an offer of employment from, a governmental research organization; or
* beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B; or
* beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.
:)
 
Hi
I beleive, whatever you see and read on the websites are informations and opinions but not real experiences.Let us be practical.

When you want to change your visa and when you approach the Attorney. The first document that the attorney will ask is the "Waiver certificate from USCIS".They need those numbers and dates typed on the Waiver certificate You can not show these questions and answers from the website to the "Immigration Lawyers".Without the appropriate document these lawyers will not even touch your application.They might accept your application and keep it in their office with them. Until you provide the document they will not forward it to INS.
U.S.A is revolving around documentation.
Kalingan
 
From the Archive..!

Hi Kalingan,
Thanks for the reply..! I found some info in the archives of J visa...and one of the member had mentioned that one can apply for status chage as soon as you get your DOS letter and INS may approve with the condition..RFE..please check the archives..!

-Ramesh
 
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