USCIS approval delay

psychmd7

Registered Users (C)
DOS recommended my waiver through conrad 30 in april 2006. I am still awaiting approval from USCIS. it is almost 90 days. has anyone been recently approved for j1 waiver from USCIS? how long is it taking
? has anyone got H1B approved while J1 waiver is pending? what is one supposed to do if that happens?
what documents are needed to start the j1 waiver job?
 

hadron

Registered Users (C)
My understanding is that you can file for the H1b once you have the 'favorable recommendation' letter from DOS. They can still give you trouble, but typically they will adjudicate the actual waiver along with the H1b petition.

This assumes that you change your status directly from J1 to H1b without leaving the country. The consulates require the actual approval from USCIS before they issue an H1b visa.

In order to start the job, you will need the approved I129.
 

psychmd7

Registered Users (C)
thanks hadron. i am still awaiting the hard copy of the approved I-129. J1 waiver appears to be pending. hopefully, they will let me work with an approved I-129 and a pending I-612.
 

hadron

Registered Users (C)
Mhh, might be different with the I612. I am just aware of the scenario in the conrad30 waiver cases (where USCIS doesn't really have any discretion after DOS recommends a waiver).
 

psychmd7

Registered Users (C)
i am a conrad 30 J1 waiver case. after DOS recommendation, i applied for H1B and requested adjudication of J1 waiver from USCIS/ they have approved H1B and J1 waiver is pending. any recommendations?
 

hadron

Registered Users (C)
Please excuse my confusion. Do you have 2 waiver cases pending ?

If they approved your H1b, they MUST have approved a waiver for you. I am not sure whether they actually inform you about the adjudication of the waiver separately (the only time that will become of importance is if you apply for I485 later on, there they want to have proof of the grant of a waiver).
 
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psychmd7

Registered Users (C)
i am totally confused at this point. PA DOH recommended me for a J1 waiver conrad 30, DOS made a favorable recommendation in march 2006. i received I-797 stating that my application I-612 has been received on april 7th. this is still pending. i applied for H1b petition, status change and requested adjudication of J1 waiver. lawyer has email of H1B approval. waiting on hard copy. what do you make of this?
PA DOH is requesting copy of J1 waiver approval and H1B approval. right now, i don't have either and am supposed to start work on july 1st 2006.
 

hadron

Registered Users (C)
what do you make of this?

That your waiver and your H1b have been approved by USCIS but that due to the 'right hand doesn't know what left hand does' syndrome within the agency they haven't gotten around to send out your approval notice yet.
 

neel271

Registered Users (C)
Just to add...

If the H1b is processed in a different service center than waiver application then H1b might get approved but waiver will still remain pending.
 

neel271

Registered Users (C)
Question

Hi Pychmd: Could you please tell if your J1 waiver is pending at the same center that approved H1B. I assume since you are pursuing job in PA -- it is Vermont. Did you do premium processing for the H1b?

Actually my situation is the same. DOS sent recommendation 7 the april to USCIS. I have an EAC # and nothing yet from USCIS. My attorney has just filed for H1B based on DOS letter (regular processing as I dont want to rush with starting to work -- just want some time for boards).
 

bhoray

Registered Users (C)
Question for psychmd:

I am assuming that you obtained a waiver based on request from an interested goverment agency (Conrad 30), what did you write in your statement of reason as the reason you do not want to fulfil the 2yr HRR?
 

santasingh

Registered Users (C)
Hi I was in a similar situation last year.
I started working on H1 before my J1 was approved by USCIS. However state told me that my clock for 3 yr waiver will start from the day of USCIS approval.
 

psychmd7

Registered Users (C)
hi,

i got the approval for H1B and PA DOH tells me i can work but waiver clock will start only after approval of the J1 waiver. i've asked my attorney to contact USCIS to rectify the matter since i don't want to be in trouble later with them. santasingh-when did you j1 waiver approval come through finally?
 

raj121b

Registered Users (C)
To Psychmd7

Congratulations on almost reaching the finish line!
Can you please illustrate your experience with any attorney you may have used for your entire process? Did you or your employer pay the fees? And, how much were they? If you would rather not disclose the attorney's name/details in this forum, can you PM them to me. Thanks,,,R
 

psychmd7

Registered Users (C)
my lawyer contacted USCIS about the I-612 approval and they seem to have responded by approving it. so, all is well.
thanks for all the help.
 

neel271

Registered Users (C)
Vivi2006

Yes it can happen in about 70% of cases. In the rest of the caes USCIS asks for its own waiver approval letter. The key here is to apply for H1B premium process and USCIS part of J1 waiver will come through.
 

vivi2006

Registered Users (C)
does this mean you got H1B without final waiver( only with DOS letter)?

In my case, my sponsor filed my H1B application with DOS letter. But 3 months late, CIS requested waiver. I don't have final waiver approval from cis yet. So, my H1B is pending in CIS. Seems like I can't get H1B approval until I get waiver approval. The problem is I don't know how long I have to wait. Since DOS sent recommodation letter 6 months have passed, I still don't has final waiver.

What can I do?
 
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