J1 waiver->H1B->COS

[m_img]

A number of us might be in this situation. Let us say, current J1 will expire June 30th (which is end of residency).

In my case, my application is with USCIS after DOS sent it to them.

Now, what should one do if USCIS does not approve it before June 30. Even if USCIS approves it on June 30th, it will be too late anyway.

First question is, as I understand, I have 30 days after my J1 expires to leave USA. Can I use this 30 days (till July 30) to wait while I'm in USA for approval of J1 waiver/h1b/COS?

1) Apply for H1B now with regular processing?
Would this alone be enough to be in status after June 30th?

or

2) Apply for COS along with H1B as well?
Would this take care of status after June 30th? If so, how much time do I have after June 30th to have H1B processd and status changed (i.e. is it 30 days or however long it takes??)

 

[olaosunt]

IMG,
I applied for my H1-B using premium processing(my employer agreed to pay the fee!),and this was sent by overnight mail on 5/27.I then e-mailed them today to confirm that they received it. I also then asked if the premium processing would expedite the 1-612,to which he replied "he beleived so".He later e-mailed me back to day to say that my1-612 had been approved (though the web site has not updated yet) and that my 1-129 has been with an officer since monday.
I do think using the premium processing for the H1B expedites the 2 year waiver approval,although it is possible that it was ready to be approved even without using the premium processing for the 1-129,since it is almost 30 days since they received the 1-612(5/9).
At this point in time I would suggest you do the premium processing as even if your 1-612 is about to be approved you will still need it to be able to start by July Ist.Better still see if you can get your employer to pay for it(I told them if they wanted me to start by the Ist of July that is what they needed to do!)

 

[m_img]

Thanks olaosunt,

Who did he emailed to confirm that I-129 was received?

How did he know that I-612 was approved?

I just noticed that there was update made to my case online today but no status change.

I'll ask my lawyer to submit I-129 with premium processing.



Thanks,

 

[olaosunt]

m img,
once you submit your I-129 using premium processing,and they receive it ,you should be able to get your receipt number by e-mailing this address
(NSC-Premium.Processing@dhs.gov).The service is very prompt,I guess that is part of what you are paying the 1000 dollars for.They will be able to update you on the status of both your 1-612 and the 1-129.It was an officer on this site that informed me that my 1-612 had been approved.
If you send it by overnight delivery, make sure it goes to the specified address for overnight mail/express mail and not to the regular mailing adress whic is a PO box,as that may delay things.

 

[m_img]

olaosunt,

Did you apply I-129 yourself or through a lawyer?

How did you get hold of this officer?

Please check you PM also and reply there.

Thanks,

 

[m_img]

How get receipt number for premimum processing H1B petition

olaosunt or anyone else....

My lawyer finally submitted I-129s on 6/17. This will be delivered to VSC on 6/20. Knowing my lawyer, he'll not communicate until 2 week after he recieves something, even that is being optomist.

Now, question is how can I get receipt number so that I can follow-up myself and bug him when it is approved. If I send email to DHS, what information do they need, just name, Social, employee EIN????

G28 was submitted by the employer. Would USCIS/dhs get upset if they hear from me, the beneficiary?

I'm hoping that I can make June 30th deadline.

Thanks very much!

m img,
once you submit your I-129 using premium processing,and they receive it ,you should be able to get your receipt number by e-mailing this address
(NSC-Premium.Processing@dhs.gov).The service is very prompt,I guess that is part of what you are paying the 1000 dollars for.They will be able to update you on the status of both your 1-612 and the 1-129.It was an officer on this site that informed me that my 1-612 had been approved.
If you send it by overnight delivery, make sure it goes to the specified address for overnight mail/express mail and not to the regular mailing adress whic is a PO box,as that may delay things.

 

[olaosunt]

IMG,
firstly when you(or your lawyer) file your 1-129 MAKE sure that you also send all the documents that were sent to the DOS i.e ,copy of passport with J visa,USMLE passing scores,I-94,letter from Employer,all DS2019 forms e.t.c.I dont think DOS fowards any of these documents when rec a waiver to the INS.If they do, it does not appear the H1 officers have access to it.The 1-129 form is ver generic and does not say you should send any of these documents.As you know I have been doing this myself (or my wife has),and I got a RFE for these documents after 12 days into the premium processing time!!!(on the 6/7).I then submitted these documents which they received on the 13th and was informed by the premium processing center that my I-129 and my wife's I-539 were approved on the the 16th .(They had also told me that my I -612 was approved 10 days before the site updated or the letter was sent !)

The receipt number for the 1-129 can not be sent to the beneficiary,in my case it was sent to my employer HR,who appears to be like your lawyer..a lazy SOB.I did receive the receipt for my wife's 1-539 on the 5/31 which was sent along with the I-129 for premium processing on 5/27.so I presume your lawyer should have the receipt for the I-129 within a few days.
My wife was however able to obtain the receipt number from the premuim processing center with just my name only.
I hope this helps ,I do think you should be able to get your H1 by the first of July since they have 10-15 days to process it (if you dont get a RFE-like I did). Good luck

 

[j1971]

Just got my H1B approved
The applicaton was sent on 6/9 to USCIS TSC.
The receipt was dated 6/14 and subsequently approved online 6/21
hope it all works out OK for all you guys too

Cheers