Start date for a waiver job

sert

Registered Users (C)
I will be graduating around June 15-July 2007. Is there a time restriction related to the H1 quota to be able to start a J1 waiver job. Can I start as soon as my waiver application is approved by the state after graduation . Someone told me I would not be able to start till october because of H1 B quota related issues. Is that right? I need urgent answer since the employer is asking me when I can start
 
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sert said:
I will be graduating around June 15-July 2007. Is there a time restriction related to the H1 quota to be able to start a J1 waiver job. Can I start as soon as my waiver application is approved by the state after graduation .

You can start as soon as your H1 is approved.

Someone told me I would not be able to start till october because of H1 B quota related issues. Is that right? I need urgent answer since the employer is asking me when I can start

No true. There is no cap in your case.

However, apply as soon as possible (you can start the waiver paperwork from 6 months before your start date). I know a few colleagues who had to wait for months for their waivers and their H1 took time too. Therefore, instead of starting on July 1st, one of them had to stay home till October...
 
Make sure your employment contract for the waiver has a floating start date. Something along the lines of:

'this contract takes effect on the day that the US immigration service issues an H1b visa to PHYSICIAN and runs for three (3) consecutive years from this day forward.'

Most employers will look to have a 'good until' date on there as well. So if you can't get a waiver for some reason they want to be able to hire someone else after 6 months or so.

There is no cap issue with waiver jobs (bill by sen conrad in 2004). However, there are often delays in getting the waiver approved by DOH then DOS then USCIS then USCIS. So start early.
 
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