I just received my I-797C Notice of Action (approval notice for I612 application to waive foreign residence requirements).
This notice came with a 2-page attachment requiring me to start working with my new employer "within 90 days of the date of this notice" pursuant to section 214(l) of the Immigration and Nationality Act.
I am still in fellowship, finishing end of June 2008. I also have not applied for my H1B yet. My lawyer had previously mentioned about holding off on filing my H1B application so I would not need to worry about starting within 90 days if I weren't ready yet. So I'm surprised that this attachment came with my approval notice this early.
My question is: does this 90-day requirement apply to someone who has not applied for an H1b yet? Put another way, does this 90-day requirement really start on the issuance of the approval notice for the waiver (I-797C), or does it start after my H1B application has been filed and approved (planning to submit it in April or May so I could have July as a month off after fellowship and start with my new job in August). Also, a couple of people I had asked who are also in the same stage of application as I am had never received these attachments with their I-797's-- so is there anyone else out there who did?
Still waiting to hear from my lawyer, so would appreciate any thoughts that you may want to post in reply.
This notice came with a 2-page attachment requiring me to start working with my new employer "within 90 days of the date of this notice" pursuant to section 214(l) of the Immigration and Nationality Act.
I am still in fellowship, finishing end of June 2008. I also have not applied for my H1B yet. My lawyer had previously mentioned about holding off on filing my H1B application so I would not need to worry about starting within 90 days if I weren't ready yet. So I'm surprised that this attachment came with my approval notice this early.
My question is: does this 90-day requirement apply to someone who has not applied for an H1b yet? Put another way, does this 90-day requirement really start on the issuance of the approval notice for the waiver (I-797C), or does it start after my H1B application has been filed and approved (planning to submit it in April or May so I could have July as a month off after fellowship and start with my new job in August). Also, a couple of people I had asked who are also in the same stage of application as I am had never received these attachments with their I-797's-- so is there anyone else out there who did?
Still waiting to hear from my lawyer, so would appreciate any thoughts that you may want to post in reply.