When can you submit H1b for J1waiver?

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Hello,

I thought one can apply for H1B after USCIS approves and sends the letter for instructions.

Now, I just read that you can apply for H1B as soon as IGA approves the case. If this is the case, do you attach IGA approval letter with the H1B application? And with premium processing, you can have this done in 15 business days and DOS is going to take much longer than approving the case and send recommendation letter to USCIS.

Any comments/experience with this.
 
I don't think using premium processing is a good idea for that. If DOS hasn't forwarded their recommendation to USCIS yet, you would probably get an RFE and fall into the regular queue ($1000 for naught)
 
Hardon,

If I understand you correctly, you're saying it is doable.

Now, interestinq q's:

1) How would USCIS would know that it is J1 waiver not regular H1b? I guess a letter would be attached stating that. Would this be enough?

2) You're right about premium processing. But if you apply after DOS approval with premium processing. Would USCIS find the DOS approval and approve it sooner than their usual time? (this way you're bypassing the 2 months processing time after they get DOS approval and USCIS approves it)

3) How long prevailing wage certification takes for H1b?

Thank you
 
> 1) How would USCIS would know that it is J1 waiver
> not regular H1b? I guess a letter would be
> attached stating that. Would this be enough?

You have to submit a biography sheet with the I129 (I think), this would give up the information that you did GME on a J1.

> Would USCIS find the DOS approval and approve
> it sooner than their usual time?

I think the only point of applying the regular way early on is to have both of these things run in parallel. That way they have the DOS letter/cable/computer entry available when your I129 comes up for adjudication.

> 3) How long prevailing wage certification takes for H1b?

2 minutes.
Your attorney punches in the number $131.000 and the DOT code for 'physician' into a secure DOL website he is credentialed with. The DOL website will create an LCA.

If he does it by fax it may take a day or two.


PS
It might be a minor point to you but the nick is 'hadron' as in: heavy charged particle (not hard-on like in you know what).
 
Last edited by a moderator:
Sorry for the nickname misspell:(

> Would USCIS find the DOS approval and approve
> it sooner than their usual time?

I think the only point of applying the regular way early on is to have both of these things run in parallel. That way they have the DOS letter/cable/computer entry available when your I129 comes up for adjudication.

--> What I meant was that do premium processing as soon DOS approves the case. What would happen then? Because USCIS have not approved that yet and I129 came for adjudication. Would the same person who is looking at I129 and would go ahead approves the waiver? Or will he/she wait to be approved OR issue and RFE???



> 3) How long prevailing wage certification takes for H1b?

2 minutes.
Your attorney punches in the number $131.000 and the DOT code for 'physician' into a secure DOL website he is credentialed with. The DOL website will create an LCA.

If he does it by fax it may take a day or two.

--> That is true. But doesn't it have to be certified by the State labor department. I'm told this certification takes 5-6 weeks?
 
> What I meant was that do premium processing as
> soon DOS approves the case. What would happen then?

That could work. But I don't know. I had understood it in a way that you wanted to file I129 once the state recommends your waiver, an that would be too early in my humble opinion.

> I129 and would go ahead approves the waiver? Or
> will he/she wait to be approved OR issue and RFE???

It is my understanding that USCIS issuing the waiver is a pure formality once DOS has cleared you of your misdeeds as a J1.

> That is true. But doesn't it have to be certified by
> the State labor department. I'm told this
> certification takes 5-6 weeks?

I don't believe the state is involved in this in any meaningful way. The only time I did the footwork for the H1b stuff for a friend it was instantaneous, right there in the attorneys office.
 
I can tell you my experience
My lawyer applied for H1 even before my case was forwarded to DOS by IGA. I got the I129 approval pretty soon after that. DOS might not inform you of their recommendation and it usually does not take much after the IGA has forwarded the cover letter to DOS. H1B can be applied to stay in status if your J1 is expiring and you application has been approved by the state and is in process.
This is ofcourse my own experience and you can be best advised by you lawyer.
 
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