J1 Waiver - H1

D

dheeraj212

Registered Users (C)
Hi

I got a few concerns abt getting J1 waiver and applying for H1. I have already started the j1 waiver process. My current J1 visa expires on May 2, 2007 and my company is planning to apply H1 for all aspirants from April 1, 2007.

What if I dont get a waiver by then, Can my company still apply for H1? or while waiver is in process, H1 processing can also be done at the same time?

In case if I dont get a waiver by my j1 expiration date and I've go to back, j1 waiver and h1 applications will still be under process, while I m in my home country? And I can come back as both of my applications are approved?

I really appreciate forum members help and assistance.

Thanks

DJ
dheeraj212@yahoo.com
 
I guess your best bet is to start the J1 waiver process as you have done, and come April 2007, if the waiver process is not completed, process the H1 concurrently, most likely you would be done with J1 waiver by then though.
 
Not to worry

I hope you mean that you've already applied for the waiver (sent the paper to DOS). Although the USCIS likes to have the waiver approval sent with the H1 application, it shouldn't be a big deal provided your application gets approved at the end . First of all hope you get the waiver processed by then and positive.

Now, suppose the waiver is still pending by April 1 and your H1 was sent or need to be sent, then there are three possibilities:
- H1 denied because it is missing the waiver approval note (highly unlikely, as USCIS would always give the applicants a chance to correct mistakes and o things right)
- H1 approved by mistake (this happened before). The best action would then be to send the waiver approval when it comes. If the waiver is denied then your case would be considered fraudulant and technically you can get in trouble.
- USCIS will ask for the waiver (most likley case scenario) and they'll give you about 6 months to respond.

My guess is that you should get an answer by April for your waiver , unless your case is problematic or your missing paper, etc...



dheeraj212 said:
Hi

I got a few concerns abt getting J1 waiver and applying for H1. I have already started the j1 waiver process. My current J1 visa expires on May 2, 2007 and my company is planning to apply H1 for all aspirants from April 1, 2007.

What if I dont get a waiver by then, Can my company still apply for H1? or while waiver is in process, H1 processing can also be done at the same time?

In case if I dont get a waiver by my j1 expiration date and I've go to back, j1 waiver and h1 applications will still be under process, while I m in my home country? And I can come back as both of my applications are approved?

I really appreciate forum members help and assistance.

Thanks

DJ
dheeraj212@yahoo.com
Click to expand...
 
Papers not sent to DOS yet

Thanks for information.

I have started the waiver process by sending documents to Consulate of India in Houston. I havent sent it to DOS yet, thats the reason I am worried. And overall they are not responding to my emails, phone calls. I dont even know if my documents have reached there. Everytime I call, goes to voicemail. I left msg for them a couple of times, no response. Online status mentions that my documents reached there on friday Nov.10. Its been like over a week, no response so far. I donno wat to do.

so I guess, now u wud think its a bit difficult to get a waiver by then?

DJ
 
Don't despair,

First of all I'm not that sure about how India processes these applications (request for No-Objection) or how long it takes.

Somehow your case would hinge on that. From my readings it seems that India does take time to respond to waiver request (NORI for instances may take a total of 1 year to get processed????).

In your case I suggest the following:

- Make sure that your waiver will eventually get approved by India (whatver it takes)
- At some point, I would guess that you should start the DOS process (online application for a case number, etc...)
- Discuss this with your laywer (company lawyer) and make sure he (she) understand the law properly, that is, you're allowed to apply for H1 while your J1 waiver is pending (I've heard that some would refuse to intitiate an H1 with no waiver). To convince your company you can show them your case number and that you're waiver is pending (hence the application now).
- Hope that between Now, the H1 application, and the time it takes to proces all of this, your waiver is approved.


Ask your friends about how India does this , what is needed, how long, etc....

I still think you should be fine. But remember when it comes to immigration matters to the US, patience is the key, so be patient.

.










dheeraj212 said:
Thanks for information.

I have started the waiver process by sending documents to Consulate of India in Houston. I havent sent it to DOS yet, thats the reason I am worried. And overall they are not responding to my emails, phone calls. I dont even know if my documents have reached there. Everytime I call, goes to voicemail. I left msg for them a couple of times, no response. Online status mentions that my documents reached there on friday Nov.10. Its been like over a week, no response so far. I donno wat to do.

so I guess, now u wud think its a bit difficult to get a waiver by then?

DJ
Click to expand...
 
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