J1 waiver: favorable recommendation

postdoc77

Registered Users (C)
#1
Hi,
I applied for J1 waiver and DoS site shows favorable recommendation. However, I am yet to receive any letter from DoS and USCIS. Please let me know if I can apply for H1B right now or do I have to wait for documents from DoS/USCIS? Also, it would be helpful to know as to how much time it takes to get H1B approved these days. I want to visit my home country but am not sure if it will be risky to do so right now and if I should wait for my H1B to be approved before I go there.
I would appreciate any advice/suggestions.
 

jk0274

Registered Users (C)
#2
1- You cannot apply for H1-B until you receive one of the documents (DOS recommendation or USCIS receipt - which is a receipt that USCIS received the DOS rec and not the final approval; you don't need to the final approval to apply).

2- There is a risk if you attempt to enter the country on a J-1 after you have applied for or received a waiver. Even if you have not gotten the final waiver, the fact that you applied for it means that you don't intend to fulfill your J-1 visa obligations, so you could be denied entry at the US airport where you land. Some people have been returned, others have not had problems. It's just luck. It's much safer for you to wait until you get your H-1B for you to travel.
3- Check the USCIS service center processing dates for your area (Vermont, Texas, Nebraska, or California) to see the latest H1B processing times. You can get it in 15 days if you do it via premium processing (extra $1000).
 

postdoc77

Registered Users (C)
#3
Thanks for the useful information. It seems my case will be forwarded to USCIS Nebraska center as my state falls under its jurisdiction. Does anyone know how much time they take to send the receipt & final waiver?
 
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dheeraj212

Registered Users (C)
#4
As far as I remember, my consultation with an attorney here revealed that J1 holders with 2years HRR can apply for H1b even if they haven't applied for J1 waiver. In this case, what happens is, DoS comes back to u to inform that this particular document (J1 Waiver) is missing and u need to work on getting it, for which they give to upto 12 weeks.

In case if u get fav. recommendations, that can also be a good proof to submit in H1 application as a waiver document. This is higly unlikely that ur application for H1b will be denied straight away without informing u that an important document is missing.
 

LucyMO

Registered Users (C)
#5
and sometimes lawyers just tell you what you want to hear for your own money.

IN case of no objection cases, you can apply for AOS or H1B as soon as you have a recommendation letter, just like JK said.
 

dheeraj212

Registered Users (C)
#6
Its always recommended to apply for H1b with a J1 waiver or atleast fav. recommendations from DoS. But even if one has not applied for a waiver, he/she can apply for H1b. While collecting some online information, I've gone thru one case who has been granted H1b without a waiver. Obviously its an exceptional case, but u can apply for H1b without a waiver, and most likely DoS wud notify u abt missing J1 waiver and wud give u 12 weeks to send them the waiver. It is highly unlikely, that DoS wud straight away deny the application.
 

jk0274

Registered Users (C)
#7
dheeraj212,

I'm afraid your post might be misleading. Firstly, you legally cannot adjust status from J-1 to H1B without evidence that a waiver is pending or approved (i.e. DOS rec or USCIS receipt). Any H1B that has been granted to a J-1 holder subject to the HRR is a mistake on USCIS's part, and will be a problem down the line. Also note that you don't apply to the DOS for your H1B, you apply to the USCIS. So the DOS has nothing to do with denying or approving the H1B application.
 

dheeraj212

Registered Users (C)
#8
U r absolutely right. But I never said DoS deals with H1b applications. If u go thru my words up here^ I dont think I said u hav to apply DoS for H1b. Ofcourse USCIS deals with h1b, which notifies DoS to get in touch with applicant if J1 waiver is missing, which (DoS) in turn provides u a deadline within 12 weeks. At this time, the procedure is same, upon getting this notification, H1b applicant has to apply for a J1 waiver by forwarding DS3035 and other documents to DoS.......NOT STRAIGHT TO USCIS.

*Information mentioned above was provided to me by a well established attorney in Palm Beach County, FL.
 

dheeraj212

Registered Users (C)
#9
I think my last sentence i.e. ''It is highly unlikely that DoS wud straight away deny the application'' is misleading. My apologies for that. Please read USCIS instead of DoS there. Thanks JK074
 
#10
Hi , I applied for my j 1 waiver, but I decided to come back to my home country because of my son. its been over 6 months and I just got update that my fav. recommendation was sent . What does that mean ? Was I approved for the waiver . so whats the next step , would I be able to apply for a next j1 , h2b or k1 visa , would I have difficulty in apply for this . Would a need a job offer to apply for a h2 b ?
 
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