contacting DOS and next steps

[veeus18]

Hello jairichi,

I got all my NOCs from India and DOS received NOC on 27th June (their webpage says that). As of today morning, the status still says pending. I have emailed them couple of times but one reply I got said all applications are processed on an expedited basis and they cannot give a definite date of when mine would be processed. Is there a phone number to call, will that help?

Secondly, my dept. will be processing H1 (no-cap) and my HR wanted all supporting documents and I submitted all of that; as I am waiting for a decision on the waiver is there anything else to be done? My J-1 expires August 31st, so appreciate any inputs from you and anyone else who has been in a similar situation.

 

Thank you.

[jairichi]

DOS will take their time (6 to 8weeks) to give you a favorable decision. Once you get a favorable decision from DOS it will be forwarded to USCIS and you will receive a copy of it. Once you have that your employer can file a H1B petition by attaching a copy of favorable decision from DOS. Since your H1B petition and final J1 waiver petition are processed by USCIS there will not be any issue.  

[veeus18]

Thank you. So am I interpreting correctly that as long as my H-1 application is submitted before J-1 end date (Aug 31st) I should be okay?

thanks much.

[jairichi]

Thank you. So am I interpreting correctly that as long as my H-1 application is submitted before J-1 end date (Aug 31st) I should be okay?

thanks much.

That is correct. Once a H1B receipt is generated by USCIS before your J1 end date you are fine.

[veeus18]

Hello jairichi and all the good samaritans here,

Today DOS webpage showed my status as "Favorable recommendation' (5 weeks since they received NOC from Indian embassy, including the 4th of July holiday). 

However before I could take some relief in that, my on-campus H1 person told me that they will not file my H-1(no-cap) until they have both, DOS recommendation and the approval from USCIS about my waiver; which is worrisome since my DS-2019 expires August 31st.  Is there anyway I can convince them otherwise?

Any suggestions what I could do? My PI asked if I could go to USCIS in person to follow it up? I have no clue, where would I go? Is it even practical? I have seen here posts that said, one can file for H-1 even with the fav. recommendation from DOS. Is that totally upto the university?

 

Thanks for any suggestions.

[jairichi]

Hello jairichi and all the good samaritans here,

Today DOS webpage showed my status as "Favorable recommendation' (5 weeks since they received NOC from Indian embassy, including the 4th of July holiday). 

However before I could take some relief in that, my on-campus H1 person told me that they will not file my H-1(no-cap) until they have both, DOS recommendation and the approval from USCIS about my waiver; which is worrisome since my DS-2019 expires August 31st.  Is there anyway I can convince them otherwise?

Any suggestions what I could do? My PI asked if I could go to USCIS in person to follow it up? I have no clue, where would I go? Is it even practical? I have seen here posts that said, one can file for H-1 even with the fav. recommendation from DOS. Is that totally upto the university?

 

Thanks for any suggestions.

Well, as I said earlier that with a favorable decision sent to USCIS from DOS an employer can file a H1B petition using a copy of USCIS receipt notice and decision notice from DOS. If your university does not want to proceed nothing can be done. Contrary to what your PI suggested you cannot visit USCIS to get this thing sorted out. I believe you might get your final waiver before August 31st. Just relax and be confident.

[Mirage88]

DOS will take their time (6 to 8weeks) to give you a favorable decision. Once you get a favorable decision from DOS it will be forwarded to USCIS and you will receive a copy of it. Once you have that your employer can file a H1B petition by attaching a copy of favorable decision from DOS. Since your H1B petition and final J1 waiver petition are processed by USCIS there will not be any issue.  

Hi!

My employer filled my H1B petition before I sent my J1 waiver application (the petitioner has mentioned that the application was pending). I still cannot track my application status, however, my petition has been approved. Along with the approval letter, I have received the I-129 and I-797B forms from the USCIS.

 

Would you know if I must wait for other documents from the USCIS to apply for my visa? I still don't know what does the J1 waiver approval (No Objection Statement) look like.

 

Thanks for any information! 

[jairichi]

Hi!

My employer filled my H1B petition before I sent my J1 waiver application (the petitioner has mentioned that the application was pending). I still cannot track my application status, however, my petition has been approved. Along with the approval letter, I have received the I-129 and I-797B forms from the USCIS.

 

Would you know if I must wait for other documents from the USCIS to apply for my visa? I still don't know what does the J1 waiver approval (No Objection Statement) look like.

 

Thanks for any information! 

Getting a H1B petition is good enough. But, it might be approved as error if your J1 waiver is still pending with USCIS. Wait for a final approval notice from USCIS on your J1 waiver application. Also, talk to to your employer's attorney.

[Mirage88]

Getting a H1B petition is good enough. But, it might be approved as error if your J1 waiver is still pending with USCIS. Wait for a final approval notice from USCIS on your J1 waiver application. Also, talk to to your employer's attorney.

 Hi jairichi,

 

I also thought that it was an error, but my forms state the waiver application.

Well, I will ask the attorney, you're right.

 

Thanks again!