J1 waiver obtained, awaiting H1b

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bravo74

Registered Users (C)
I have received my J1 waiver along with approval letter from DOS and a favorable recommendation. My lawyer will file my H1B application this week. My current DS2019 expires June 30 2007. He said that H1B might take anywhere from 6 wks to 90 days. If June 30th comes by and the H1B visa is not yet issued, will I be considered out of status ?
Thanks
 
I hav also spoken to a lawyer and i was told that as soon as u submit ur application to USCIS, they send back a reciept within 3 weeks that they hav recieved application and is under consideration. That reciept is key player and is witness that u r not out of status and ur application for change of status is still pending. If ur application is not approved, USCIS will inform u abt it and will ask u to leave the country.

Now I hav a few questions for u if u cud answer for me. How long it takes to recieve final approval of J1 waiver (hard copy) after u've got fav recommendations frm Dos????

And How come u r applying for H1b now? R u cap exempt? cos I think cap was filled on april 2nd and 3rd.

Good luck wid ur application.
 
And How come u r applying for H1b now? R u cap exempt? cos I think cap was filled on april 2nd and 3rd.
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I have the same question. The quota has been reached already.

In any case, your H1B will start on Oct 1, and that makes you out of status between June 30 to Oct 1 anyway. You have to either change your status to something else or leave the States.
 
As per my lawyer who filed both for the J1 waiver and H1B, my H1b is not subject to the cap. with regard to receiving the final approval of J1 waiver, it took approx 8 wks from the time I got a favorable recommendation.
 
When does your H1B start? If it's Oct 1st (most likely), that's means you will be out of status from the time your DS-2019 expires until Oct 1st. In this case you have to ether change your status to another visa, or leave the country.
 
as per my lawyer who is an immigration lawyer and has been doing J1 waiver applications for 15 yrs, H1B following J1 waiver is not subject to the cap.
 
J1 waiver recipient are not subject to H1B cap.
Please check the following link
http://www.visalaw.com/04dec3/2dec304.html

"Who is actually subject to the cap?



Not every H-1B applicant is subject to the cap. Visas will still be available for applicants filing for amendments, extensions, and transfers. The cap also does not apply to applicants filing H-1B visas through institutions of higher education, nonprofit research organizations, and government research organizations. Physicians taking jobs under State 30 or federal government agency waivers based on serving underserved communities are exempt from the H-1B cap."
 
The cap also does not apply to applicants filing H-1B visas through institutions of higher education, nonprofit research organizations, and government research organizations. Physicians taking jobs under State 30 or federal government agency waivers based on serving underserved communities are exempt from the H-1B cap
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H1B applicants working for cap-exempt companies are not subject to cap because of the type of companies, not their J-1 waiver. Physicians with HRR waiver are working for the govt or cap-exempt companies - and that's why they are not subject to cap. NOT BECAUSE THEY WERE PREVIOUSLY SUBJECT TO HRR. Read the info carefully. You misunderstood your lawyer.

If I am subject to HRR and get a waiver, but choose to work for a company that is subject to cap, then my H1B is subject to cap no matter what.
 
The J1 waiver approval is granted based upon the petition of an IGA ;Interested Government Agency; namely the Arizona Department of Health, irrespective or the who is the employer. As such the subsequent H1B application is considered exempt from the quota because it is based upon the request of a government agency. The employer is simply an instrument for the Arizona Department of Health to place physicians in medically underserved area.
Either way you look at it, it boils down to the same conclusion; i.e, H1B is exempt from the cap because the applicant is providing service that the federal government consider scarce and necessary in those areas.
 
Question

Congrats on the waiver !!
Quick question, how much time did the process take at the State department stage after the health department sent in the sponsorship letter? Thanks
 
I received the approval of the Arizona Department of Health to act as my IGA in mid January, the DOS approval letter was sent mid march and the final J1 waiver approval from the USCIS was received the end of April; i.e 90-120 days between DOH letter and USCIS official waiver approval letter.
 
bravo74 said:
Either way you look at it, it boils down to the same conclusion; i.e, H1B is exempt from the cap because the applicant is providing service that the federal government consider scarce and necessary in those areas.
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but only for physicians and those working for the govt.

You, however, stated earlier:
J1 waiver recipients are not subject to H1B cap.
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which is not true and does not apply to all J-1 waiver recipients.

Since many people get the no-objection waivers, and they do not intend to work for cap-exempt companies, these waiver recipients are still subject to H1B cap.
 
Waiting for DOS letter!

Dear Bravo and Dheeraj,

I saw "favorable recommendation sent on May 14, 2007" on DOS website while tracking my case number. Today is May 21st. I have not received any letter from DOS yet. I sent them the overnight express envelopes (SASE) of stated size which have not ben used yet (can not track yet).

Please answer my following question (I would really appreciate it):
1) When should I expect a copy of DOS favorable recommendation?
2) If I have the copy, can I apply for H1 ? I am cap exempt under Conrad 30 program for physicians.
3) How much time USCIS is taking on an average to send their J1 waiver approval after receiving favorable racommendation from DOS?

Thank you guys for your time!

OncologyUS

Applied to Conrad 30 program: March 01, 2007
Conrad 30 program sent approval on: April 12, 2007
DOS J1 waiver application completed: April 20, 2007
Favorable recommendation sent (DOS wbsite): May 14, 2007
Copy of favorable recommendation letter from DOS: awaited.
USCIS J1 waiver letter: Awaited
 
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oncologyus said:
Dear Bravo and Dheeraj,

I saw "favorable recommendation sent on May 14, 2007" on DOS website while tracking my case number. Today is May 21st. I have not received any letter from DOS yet. I sent them the overnight express envelopes (SASE) of stated size which have not ben used yet (can not track yet).

Please answer my following question (I would really appreciate it):
1) When should I expect a copy of DOS favorable recommendation?
2) If I have the copy, can I apply for H1 ? I am cap exempt under Conrad 30 program for physicians.
3) How much time USCIS is taking on an average to send their J1 waiver approval after receiving favorable racommendation from DOS?

Thank you guys for your time!

OncologyUS

Applied to Conrad 30 program: March 01, 2007
Conrad 30 program sent approval on: April 12, 2007
DOS J1 waiver application completed: April 20, 2007
Favorable recommendation sent (DOS wbsite): May 14, 2007
Copy of favorable recommendation letter from DOS: awaited.
USCIS J1 waiver letter: Awaited
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I personally havent recieved my recommendation copy or Waiver yet. My status showed fav. recommendations sent on May 9th. I dont live at my that address now so not sure when exactly my mails r comin. But I read comments of a guy recently and he said that he recived recommendations in mails frm Dos and the final waiver within 2 weeks frm when his status showed 'fav rec. sent'.

As far as H1b is concerned. I think u can't apply for it with only a recomm. frm dos (As USCIS is the main authority not DoS). In fact one can always apply for H1b without waiver, but USCIS always returns back with questions abt j1 waiver and normally gives the applicant 4 weeks to come back with all missing documents. I have hardly seen any cases where USCIS denied H1b applications straight away when J1 waiver was missing.
 
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