J1 to H1B-Approved today-Timeline

S

Sanjay S

Registered Users (C)
Hi All
Came here on Medical Research J1 with 212e stamped on IAP and Visa explicitly in November 2000. Skill not found in skill list/funds private. Advisory Opinion- 212e Not applicable (reply in 2 months).
Applied for medical residency H1 in March 2002, paid 1000 extra 15 days ago, H1 approved today(email from attorney)
Thank you Jigesh and others at this forum for being a constant and quality source of information.
wishing success to everybody

Sanjay
 
Where to find more info about the advisory opion about skills?

Do u mean that you did not need to get the waiver? more info please...
 
Here is what you need

you are right, Never processed the waiver, Did not need to
If you dont fulfill any of the three well defined criteria, you dont need to process the waiver even if 212e is stamped everywhere.
Good site to start for information is
http://www.immigration.com/faq/jvisa.html
But the details can be studied at official website
http://exchanges.state.gov/jvisa/J Exchange Visitor Program/index.htm

Lookup for your subject code in your IAP first. Your skill may not be what you think it is. The code in IAP defines your skill (at least for the purpose of DOS). find verbiage corresponding to your code at
http://exchanges.state.gov/jvisa/ivd.htm
Now check this verbiage in skill list for you country. The skill list can be found at
http://exchanges.state.gov/jvisa/jexp8.htm

There is a similar drill for program funding codes which determine the nature of your program. Program code is also engraved in your IAP and you can determine if it is private of Govt (in part or total) funded using the information avaialable at internet (esp schulzlaw.com)
If you still need more information pl let me know
Good luck

Sanjay
 
Private or Gvt funding

Hi Sanjay,

I went on schulz.com to find information about how to determine if funding was Gvt or Private on my IAP-66 but I do not seem to find my way around it. Could you be a little bit more specific?? The code on the skills list is 2245.

Thanks,

Gislain
 
Re-Codes

2245 appears to be the subject code (appearing in line 4 at IAP) If the corresponding skill (atmospheric and earth sciences under Geophysics and seismology) does not appear in your country\'s skill list, look at line 2 at your IAP. it states something like..."will be sponsored by-----xyz---- as exchange visitor program no so and so" this program code starts with G or P.Generally speaking G stands for Govt and P for Private (with exceptions which can be looked at
http://www.schulzlaw.com/mschulz_jprogram.php

Hope this helps

Sanjay
 
Codes and Funding

Hey Sanjay,

thanks a lot for the short and easy course on J-1 programs and funding.

I found everything on my case. My sponsoring agency had a star* on in the list for Private Funding, (I got the IAP-66 through this sponsoring agency but my funding was from private corporation. They simply retained the Agency (not a US Agency, a not for profit one) to administer the program and I got the letter stating this from the agency. So DoS contacted that Agency after Feb 13th about origin of funding (as described in Schulz PL. exceptions) and got the response on March 7th that it was neither USG or International Organization, no Home Gvt.

Where do U think the case goes from here then?? A lady at DoS told me yesterday that I should have received something already because my case must have been handled already since they had everything they needed on March 7th!!!

I am worried about time issues and mistakes. Also, does DoS stick to the spirit of PL as described in Schulz???

Thanks already,

Gislain.
 
Hi.Sanjay.Congratulations and thanks for your information.I have a research J1 which states that I'm subject to 2 yr rule on my visa.I looked at the pages for countries and skills list.I have 4495 code for me.It is written on my countries list.Does that mean that I can't change to H1 without waiver to start residency here.
Tahanks again......
 
Congratulation Sanjay—
I am also on J1 visa, applied for wavier received Single NOC from consulate on 07/24/02 and same has gone to State Dept. IAP-66 expiries on 08/26/02 can I stay up to 09/26/02 if yes do I need any permission from any authority or simply I can extend my stay with out informing any body. Can my wife and son also stay for extended period they are on J2 visa.
My IAP-66 shows HRR rule not applied to me while Stamping on passport says does apply. Can I file H1 now, or is it safe to wait for final wavier from INS or can I file H1 after getting recommendation from State dept.
Pl. advice u or jigesh.
Thx in advance.
Yashd
 
For YASHD

I think, it is safer to wait until you receive DoS' recommendation letter before filing for H-1B. Although you and dependents can stay upto 30 days after J status expires, if possible, get an extension of a month or so from your sponsor (international office in your organization) because sometimes DoS takes too long and probably you are running on a tighter time-frame. Another half-hearted suggestion - if you are running out of time, is to file for H-1B if you are sure that waiver should come very shortly. Without waiver, the INS will send you an RFE (request for further evidence) and within 60 or 90 days (they will write it on RFE) you must submit DoS recommendation in order for H1-B to be approved. Your stay won't be illegal, as far as I know, until any decision is made on your H-1B petition.

And yes, whenever you file for your H-1B, do NOT forget to file for H-4 for your dependents at the same time - there's a separate application I-539. Tell your attorney to concurrently file for H-1B AND H-4. I remember a few people having not done so (because many believe that if one is on H-1B, the dependents automatically acquire H-4 status. Not true though.) and ran a risk of "making" the stay of their dependents illegal - and now INS is very strict about such lapses.

Best wishes,

Jigesh

Disclaimer: Personal nonl-legal point of view only.
 
Thanks jigesh for u r prompt reply--
I am little bit confused here about u r statement, getting extension of one month, do u mean if my IAP expires on 08/28/02 then get the extension up to 09/28/02 and after that stay for another 30 days means up to 10/28/02 ?. If I can get extension who extends it, is it my programme sponsor. Do I need separate extension for my dependents on J2.

Thanks
YASHD
 
Extension..

It depends how much extension you can get. For extension, you need to contact your sponsor/international office in your institute. If your maximum allowable period (say, 3 years for reserachers) is over, they might not give you any extension. Also, some institutes don't give extension after one files for waiver. So contact your sponsor. In principle, one can stay upto 30 days after the expiration date as mentioned on most recent IAP-66.

What I mentioned about the extension was to try for an extended IAP-66 for you and dependents for as much duration as you get. In case your waiver is delayed, you still could have safety cushion.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
Hello jigesh
My J1 programme is Technology Transfer/Training and not a research programme. Sponsored by private company. I think in this category I will not get any more extension after 18 months.

Thx
Yashd
 
Am i subject to 2 year foreign residence requirement

Hi,
your help would be much appreciated. i am getting worried..and maybe shouldnt =)

i received an RFE on my 485 (Emp. based) to prove that i am not subject to the 2 HRR.
I am citizen of a country which is and was not on the skills list
it was a reciprocal Exchange program with my home university and a US university
INitial IAP66: officer did not check any box. it clearly shows that there are no US or foreign funding. program sponsor starts with P
the 2 j1 visa stamps show "bearer not subject to"
i added 2 letters to the response to the RFE: one from home uni. and one from US university stating taht no gov. funding were involved and that it was paid with personal funds.

do you think i will be ok??? please advise. i want to send the response asap. THanx!
 
Almas.
You need to start your own threads.....and not resurrect threads that are over 7 years old!!!
You're also posting in the wrong section. This section is for people who are trying to emigrate through a fiance or spouse, so it's unlikely you'll get help here. Try posting elsewhere on this forum, and 'start your own thread'.
 
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