Texas USCIS

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waiver 1

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I recieved a favourable reccomendation from USDOS on the 18th July and subsequently have been waiting for the correspondece from Texas USCIS.I called them two days back as I need the reciept letter to apply for the H1 petition.They told me that my case was recieved on the 22nd and a reciept was mailed to me.They did give me the reciept number and I am able to track my case on the USCIS online tracking system.I have not recieved any reciept letter.
How imp. is the letter for applying for the H1 petition....Has anybody had such a situation....
 
Lucy

Thanks for the info,

I am on the same boat. Last week The Department of State issued a Favorable recommnendation. I called INS and they have not recieved yet.
I have a question, can I apply for the H-1 Visa while this is taking place??, I talked with the lawyers of the company that is sponsoring me, and they said that until i get a waiver form INS I can not apply for the H-1 Visa.

Thanks,

Pedro
 
H-1B and J-1 waiver

pedroe said:
Last week The Department of State issued a Favorable recommnendation. I called INS and they have not recieved yet. I have a question, can I apply for the H-1 Visa while this is taking place??, I talked with the lawyers of the company that is sponsoring me, and they said that until i get a waiver form INS I can not apply for the H-1 Visa.
Click to expand...
Pedroe, first of all congratulation with the DoS favorable recommendation! By the way, how does it take? LucyMO is absolutely right, now you can file I-129 and your H-1B approval notice (Form I-797) will be issued together with I-612 USCIS J-1 waiver approval notice. Accordingly, your lawyer is incorrect. This is another example that lawyers are not smart guys. I was in the same situation approximately 1.5 years ago. My University filed for me H-1B petition without the final waiver approval from USCIS. We submitted only the DoS favorable recommendation. It is enough. I used option ‘premium proceeding’ (+ $ 1,000.00) for the H-1B petition and received H-1B approval (for me and family members) and final waiver approval from USCIS in several days! Good luck!
 
thanks¡¡¡¡¡¡¡¡ another question

Thanks Streamflow.

I have an additional question. I got the favorable recommendation on August 22 (checked on the web page), but I have not received a copy a the letter with the favorable recommendation sent to Immigration services. How long does it take to receive the copy from the department of state??? Do I need a copy of the favorable recommendation to file the H-1B visa petition???

Thanks

Pedro
 
Favorable Recommendation

pedroe said:
How long does it take to receive the copy from the department of state???
Click to expand...
My profile:
Favorable Recommendation: February 12, 2004 (DoS web site);
Letter sent: February 25, 2004 (stamp on the envelope);
Letter received: February 27, 2004 (in my mailbox).
pedroe said:
Do I need a copy of the favorable recommendation to file the H-1B visa petition???
Click to expand...
I think so. In my case DoS Favorable Recommendation was included in the H-1B petition.
 
favorable recommendation. Streamflow please help

Thanks streamflow for all your help. I talked with the lawyers of my sponsoring company and againg they said that they need the final waiver to file for the H-1B petition. I told them that the letter from the department of state was enough, but they didn´t agreed with me. Is there any legal document that I can show to them proving that the letter from the department of state is enough?

Thanks again,

Pedroe
 
Favorable Recommendation and H-1B

Obviously your lawyers are wrong. This point is discussed many times at this forum (e.g. see posts by LucyMO). I don’t know any legal document which explicitly allows filing I-129/H-1B only with DoS Favorable Recommendation. Supposedly there is no such document. However there is no a specific law statute prohibited to do that. So this is legal. I can only provide links on the respectful lawyer sites. For example: “7. Question: May an H-1B petition be filed prior to obtaining a J-1 waiver? Answer: Yes. An H-1B petition may be filed up to six months prior to the time when the H-1B worker will commence employment. However, the application for change of status may not be filed until the State Department issues its waiver recommendation to the BCIS (http://www.shusterman.com/md-faq.html).” See also, http://www.ilw.com/lawyers/articles/2001,0110-Pederson.shtm (Question 14), http://www.dhh.state.la.us/offices/faq.asp?ID=88#Faq-645, http://www1.va.gov/ohrm/staffing/FAQs.htm, http://www.visalaw.com/03oct3/3oct303.html. Also makes sense to call USCIS and ask this question or change lawyers.
 
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