USCIS J-1 waiver review

[wsps]

Hi, Just found out that DOS has made a favorable recommendation on my Conrad 30 J-1 waiver. Was extremely surprised to find out that now the USCIS will review the application....why???...and that once they will answer yes, I will be eligible to get a H1b. Any one in this process? Any thoughts on how long the USCIS will take for the waiver approval? Any cases of refusal even after DOS approval?
Thanks!

 

[hadron]

Normal part of the process, idiotic but normal for USCIS.

In the old days, you where able to file your H1b after receiving the DOS recommendation. USCIS would approve the I612 at the same time as the I129. In some strike of genius, they decided to double their work by requiring the I612 to be approved before the I129 is worked on.

 

[wsps]

Thanks!

Thanks Hadron for the reply. I think I read it somewhere on this forum that you can still apply for I-129 even if you haven't received I-612. You are saying otherwise that I can not. I am wondering if you have any reference to this rule that I can not apply for I-129 before I get the I-612? Thanks!

 

[hadron]

Thanks Hadron for the reply. I think I read it somewhere on this forum that you can still apply for I-129 even if you haven't received I-612. You are saying otherwise that I can not. I am wondering if you have any reference to this rule that I can not apply for I-129 before I get the I-612? Thanks!

You can apply, but your employers I129 will be put aside into the 'pile' until the I612 is approved by a different department or they send an RFE to the employer asking for the I612 approval. If you are in premium processing, these RFEs can be dealt with by your attorney via phone and fax, if you are in regular processing every RFE throws a wrench into an otherwise straightforward process.

The old way of the officer just pulling the I612 from the in-stack when he got to the I129 seems to be a thing of the past.

 

[mmed]

Thanks Hadron for the reply. I think I read it somewhere on this forum that you can still apply for I-129 even if you haven't received I-612. You are saying otherwise that I can not. I am wondering if you have any reference to this rule that I can not apply for I-129 before I get the I-612? Thanks!

You can apply and the petition will not be denied because of the J, at the same time it will not be granted unless the USCIS issue final waiver. It will take more or less the same time taken by the DOS. Mine approved recently after 5.5 months at the DOS and still pending with the USCIS (4.5 months). The only difference is that; mine is no objection.