You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
J1 to H1B
- Thread starter dealnest
- Start date
You can apply for H-1B (provided you are in legal status) as soon as you get your favorable recommendation from the State Department, which you can send a copy of with the H-1B application. You don't have to wait for the final USCIS waiver. If you already got the I-612 approval notice from USCIS, you have officially obtained your waiver of the 2-year HRR, and yes, you ought to send that with your H-1B application.
You got me confused. Do you mean I can use I-613 if i have not received the I612 form yet?
I don't think I will ever receive any I-612 from USCIS, I have received a letter saying that my case has been pending beyond processing times (took DoS ~26 months to send recommendation) therefore, it has been administratively closed. so all the proof that I have a waiver is in the I-613.
Is it enough proof?
Thanks
I don't think I will ever receive any I-612 from USCIS, I have received a letter saying that my case has been pending beyond processing times (took DoS ~26 months to send recommendation) therefore, it has been administratively closed. so all the proof that I have a waiver is in the I-613.
Is it enough proof?
Thanks
You can apply for H-1B (provided you are in legal status) as soon as you get your favorable recommendation from the State Department, which you can send a copy of with the H-1B application. You don't have to wait for the final USCIS waiver. If you already got the I-612 approval notice from USCIS, you have officially obtained your waiver of the 2-year HRR, and yes, you ought to send that with your H-1B application.
Sorry - my fault for not being clear. The USCIS has approved your I-612 and sent it to DOS for concurrence. DOS issued their I-613 approving of the waiver, but it took them 26 months to do so, by which time USCIS had closed your I-612 file. Correct?
You are eligible to file the I-485 with a copy of the I-613. I do not know (because your case is unusual due to your file being closed) if USCIS will subsequently issue a RFE (Request For Evidence) asking for the final USCIS response. It may or may not, so you will have to take your chances. However, according to my research, you are eligible to send the application with the I-613.
Incidentally, what is the message you get when you enter your USCIS case number on this page?
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacNcDfTiBg3whT6H05nr
You are eligible to file the I-485 with a copy of the I-613. I do not know (because your case is unusual due to your file being closed) if USCIS will subsequently issue a RFE (Request For Evidence) asking for the final USCIS response. It may or may not, so you will have to take your chances. However, according to my research, you are eligible to send the application with the I-613.
Incidentally, what is the message you get when you enter your USCIS case number on this page?
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacNcDfTiBg3whT6H05nr
Thanks a lot for your answers. I get this message when I check my status... Application Type: I612, APPLICATION TO WAIVE FOREIGN RESIDENCE REQUIREMENTS
Current Status: We mailed you a notice requesting additional evidence.
On March 10, 2005, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
This message has not change since 2005.
I'm not eligible to file I-485 yet, I'm not married to a US citizen. All I'm trying to do is apply for H1B. (can I file I-485 with NIW I-40 at the same time?, how long does it take to get an answer to both applications?)
The director of international services at the university I work at has never seen an I-613 form and asked me to bring a no objection statement from the DoS, he got my confused for a while then I realized that he doesn't know what he is talking about, and I had to explain to him the difference between waiver basis.
Although my case is administratively closed I wonder what will the USCIS do when they receive the I-613 form from the DoS... will they just trash it?????
Current Status: We mailed you a notice requesting additional evidence.
On March 10, 2005, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
This message has not change since 2005.
I'm not eligible to file I-485 yet, I'm not married to a US citizen. All I'm trying to do is apply for H1B. (can I file I-485 with NIW I-40 at the same time?, how long does it take to get an answer to both applications?)
The director of international services at the university I work at has never seen an I-613 form and asked me to bring a no objection statement from the DoS, he got my confused for a while then I realized that he doesn't know what he is talking about, and I had to explain to him the difference between waiver basis.
Although my case is administratively closed I wonder what will the USCIS do when they receive the I-613 form from the DoS... will they just trash it?????
You can file NIW I-140 along with I-485 if you are qualified for NIW, and if visa numbers remain current after next week.
As for the rest of your questions: Let me ask you, is the I-613 you received addressed to you at the top of the letter, or is it addressed to the director of the USCIS service center?
If it is to the director, I strongly suggest that you write a clear letter to that same director at that same address, along with a copy of any and all case-related receipt notices/responses from USCIS and DOS (keeping a copy of the I-613 at the top of the pile) explaining your situation and asking them to reopen your case in order for it to be adjudicated.
As for the rest of your questions: Let me ask you, is the I-613 you received addressed to you at the top of the letter, or is it addressed to the director of the USCIS service center?
If it is to the director, I strongly suggest that you write a clear letter to that same director at that same address, along with a copy of any and all case-related receipt notices/responses from USCIS and DOS (keeping a copy of the I-613 at the top of the pile) explaining your situation and asking them to reopen your case in order for it to be adjudicated.
Last edited by a moderator:
Then use the "From" address on the I-613; i.e. the address of the director of the NSC if you wish to take the course above.
As I understand it, the I-613 is sent by USCIS to DOS after USCIS approves the case, and the DOS checks either "approved" or "not approved" on it and sends it back to USCIS, with a copy sent to you. Did the copy of I-613 you got have the DOS response? I assumed it did.... so yes, you can apply for I-485 once your visa number becomes current. I would also follow up on USCIS's final approval though, if possible, in order to prevent delays in approving your case. But you can still apply though.
As for 'when' you can apply, I'm sure you've heard that USCIS announced today that it is rejecting all I-485 for the remainder of the fiscal year (until Sept 30, 2007). So nobody will be able to file I-485 until at least then.
As I understand it, the I-613 is sent by USCIS to DOS after USCIS approves the case, and the DOS checks either "approved" or "not approved" on it and sends it back to USCIS, with a copy sent to you. Did the copy of I-613 you got have the DOS response? I assumed it did.... so yes, you can apply for I-485 once your visa number becomes current. I would also follow up on USCIS's final approval though, if possible, in order to prevent delays in approving your case. But you can still apply though.
As for 'when' you can apply, I'm sure you've heard that USCIS announced today that it is rejecting all I-485 for the remainder of the fiscal year (until Sept 30, 2007). So nobody will be able to file I-485 until at least then.
Last edited by a moderator:
Absolutely not! You can be granted H status in the US. However, if you leave the US after obtaining H status, you cannot return without getting a H visa stamp in your passport. It is usually very hard these days to obtain such a visa from any country other than your own....
Thanks a lot for all the advise, I have sent a letter to the director asking him to reopen my case. I did some research on the topic and the following is the only related answer I found... it doesn't explain how to do it. Is there any special form to fill to ask them to reopen it? or the letter I sent is the only way?
Thanks
My exceptional hardship application was denied by USCIS (INS). Can I ask for reconsideration?
A87 Yes. Requests to reopen an exceptional hardship application are made through the USCIS (INS). If USCIS (INS) determines the new information warrants a reopening of the case, USCIS (INS) will forward a new Form I-612 application to the DOS for its consideration.
Thanks
My exceptional hardship application was denied by USCIS (INS). Can I ask for reconsideration?
A87 Yes. Requests to reopen an exceptional hardship application are made through the USCIS (INS). If USCIS (INS) determines the new information warrants a reopening of the case, USCIS (INS) will forward a new Form I-612 application to the DOS for its consideration.
You can file NIW I-140 along with I-485 if you are qualified for NIW, and if visa numbers remain current after next week.
As for the rest of your questions: Let me ask you, is the I-613 you received addressed to you at the top of the letter, or is it addressed to the director of the USCIS service center?
If it is to the director, I strongly suggest that you write a clear letter to that same director at that same address, along with a copy of any and all case-related receipt notices/responses from USCIS and DOS (keeping a copy of the I-613 at the top of the pile) explaining your situation and asking them to reopen your case in order for it to be adjudicated.