J1 visa need help

B

blacknissan

Registered Users (C)
Hi

I have got my wavier "No Objection" from the department of state however still waiting from INS.....i got the notice of action

Can someone tell me if i can apply for a H1 now without wavier from INS ...

My h1 is by the same employer who gave me the J1 ..so it is the same service center.....

Appreciate help
 
yes one can apply for H even if H J waiver is pending with BCIS as long as one has got the waiver approved from the IGA and has been forward to the BCIS
My personla experience only not a legal advice
 
yes u can file H1 b4 Jwaiver is granted

hi blacknissan,

yes u can file for H1 even b4 your J1 waiver is approved by BCIS.

approval of H1 will depend on:
1. u opted for status change or 2. consular visa

if you opted for 1 (status change) in your H1 app, then your H-1 will be approved AFTER ur J waiver is granted by BCIS.

if you opted for 2 (consular visa) then ur H1b can be approved before J waiver is granted by BCIS.

*** one more ADVICE: start thinking on filing your NIW petition also. that should be done soon. do NOT DELAY that.
...........................

ps: personal opinion only, not a legal advice.
 
Thanks for your reply..still need assistance

I had a question

What is IWA-....

I was on a J1 R and got a No Objection certificate and my Wavier is from the No objection from my country of origin

So you guys think i can go ahead and apply on the basis of the favourable recommendation from the department of state though i have not recieved anything from BCIS

Thanks
 
IGA = Interested Government Agency- the one that approves the waiver position and makes it eligible for you to waive the 2 year home country requirement.
 
thanks

But i have a NO objection wavier

so basically as i have the recommendation to wave my 2 year home requirement you say i can apply for H1 though i have not recieved the BCIS wavier
is that correct?
 
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