J1 holder need to apply to a NOS waiver and H1B...please help!!!

I

ipf

New Member
Hi, Please help me

I'm in a training program in architecture with a J1 visa, since August 2007 to February 2009 (almost 6 months done). The company to whom I work for offered me to apply to H1B visa.
I'm subject to INA 212 requirement, before applying to any visa I should apply to a waiver, I want to apply to the waiver requesting a No Objection Statement.

Since I know the waiver is a separately process, I need to know if I am still on time to obtain the waiver. I need the waiver in march in order to apply on April 1st to H1B visa. Or I should apply next year when finishing my J1 visa program.

If I apply to the H1B visa on April 2008, could I continue working with my J1 visa program until October (when H1B visas start)?, or once someone apply to the waiver can not continue with his program?

Thank you;)
 
hi ipf, whatever happened to your case?


I'm also interested to know because I will be in the US on a J-1 visa this November.

Anyway, I also asked the same question in other online forum and someone told me that you should be able to apply for an H1B visa last April 1 even without a J-1 waiver.

they said that the application on April 1st is for US Dept of Labor's assessment (?) to determine if the H1B work is legitimate.

You will need the J-1 waiver when you apply at the US Consulate for Visa Stamping.


any expert to confirm this info please? anyone who has experience the same?

thanks!
 
ipf said:
Hi, Please help me

I'm in a training program in architecture with a J1 visa, since August 2007 to February 2009 (almost 6 months done). The company to whom I work for offered me to apply to H1B visa.
I'm subject to INA 212 requirement, before applying to any visa I should apply to a waiver, I want to apply to the waiver requesting a No Objection Statement.

Since I know the waiver is a separately process, I need to know if I am still on time to obtain the waiver. I need the waiver in march in order to apply on April 1st to H1B visa. Or I should apply next year when finishing my J1 visa program.

If I apply to the H1B visa on April 2008, could I continue working with my J1 visa program until October (when H1B visas start)?, or once someone apply to the waiver can not continue with his program?

Thank you;)
Click to expand...

If your waiver application approved or denied, you can continue on your J till the last day on the DS
If your waiver approved, you can apply for H any time you want even years after the waiver.
If you just apply for waiver, you can not extend, transfer your current J or get any new J forever.
It is better to apply early because the process may take few weeks or years.
 
Anyway, I also asked the same question in other online forum and someone told me that you should be able to apply for an H1B visa last April 1 even without a J-1 waiver.

they said that the application on April 1st is for US Dept of Labor's assessment (?) to determine if the H1B work is legitimate.

You will need the J-1 waiver when you apply at the US Consulate for Visa Stamping.


hi mmed, your thoughts on this?
Thanks in advance. :)
 
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