entangled11 Posted October 5, 2015 Report Share Posted October 5, 2015 I got favorable recommendation from DOS on 7th Aug 2015. USCIS received my application on 15th Aug 2015. My employer who was willing to change from J1 to H1B filed my H1B before my J1 ends. They said, they are allowed to do that based on DOS letter. However, they also tell me that I cannot work until I receive my final letter from USCIS. I am worried about the pay and loss of project time during this wait period. They also told me that my legal wait period can be greater than a month (note: my initial information was that i can stay for a month after my J1 expires, but they deny that to be true for my current scenario) Also, what if USCIS rejects my waiver plea two months after my J1 expiry? Do i pack up and leave in a day after that, or a month after that? Link to comment
fresh15 Posted October 5, 2015 Report Share Posted October 5, 2015 You can work till you have a valid J-1 status (until last date on your DS-2019). You need to have H1-B approved after that. The one month grace period, after J-1 status expiry, that you mentioned is only for packing your stuff and travelling across US, etc. You are not allowed to work during that period. Link to comment
entangled11 Posted October 6, 2015 Author Report Share Posted October 6, 2015 You can work till you have a valid J-1 status (until last date on your DS-2019). You need to have H1-B approved after that. The one month grace period, after J-1 status expiry, that you mentioned is only for packing your stuff and travelling across US, etc. You are not allowed to work during that period. Can one really stay longer than one month (usual J1 grace period) once the DOS has given favorable waiver recommendation, and H1 has been filed? (of course without work) Link to comment
fresh15 Posted October 7, 2015 Report Share Posted October 7, 2015 Can one really stay longer than one month (usual J1 grace period) once the DOS has given favorable waiver recommendation, and H1 has been filed? (of course without work) I would not recommend overstaying. It might jeopardize your H1-B as well. One option for you is to go for premium processing of your H1-B as I mentioned in another thread you posted a question in. Premium processing is usually processed within 15 days (mostly 5-7 days from what I have heard). Another will be to leave US before your grace period and then ask your employer to send your H1-B papers once approved to your address in native country to get back in US on H1-B. This is what I know but you might consult an attorney as well. Link to comment
spintop Posted October 13, 2015 Report Share Posted October 13, 2015 Can one really stay longer than one month (usual J1 grace period) once the DOS has given favorable waiver recommendation, and H1 has been filed? (of course without work) You can stay with H1B filed status. However, if USCIS requests RFE and your waiver is still not processed or in case your waiver is rejected, u may have to leave US. One way is file H1B non-expedited way, once you receive your waiver then apply for expedited processing (which can be initiated any time). This way you may get additional month or so. Best of luck. Link to comment
entangled11 Posted October 20, 2015 Author Report Share Posted October 20, 2015 Update: I got favorable recommendation from DOS on 7th Aug, 2015. USCIS received I-612 from DOS on 15th Aug. They didn't respond for over 2months, and I had already entered the grace period. So I contacted local congressman, provided him a letter from my employer on how imp it was for me to be back to work. The USCIS responded within a day. Oct 20th 2015 : the website shows approval. I had also signed up to receive my USCIS case update on phone and email. Received the update on both. My next dilemma, can i use USCIS email that is showing approval... as a proof of waiver... for my H1B-premium application? I don't know when I will get paper version of the approval. Will they send me an RFE if I use just the email? Link to comment
quicksilversurfer Posted November 3, 2015 Report Share Posted November 3, 2015 Update: I got favorable recommendation from DOS on 7th Aug, 2015. USCIS received I-612 from DOS on 15th Aug. They didn't respond for over 2months, and I had already entered the grace period. So I contacted local congressman, provided him a letter from my employer on how imp it was for me to be back to work. The USCIS responded within a day. Oct 20th 2015 : the website shows approval. I had also signed up to receive my USCIS case update on phone and email. Received the update on both. My next dilemma, can i use USCIS email that is showing approval... as a proof of waiver... for my H1B-premium application? I don't know when I will get paper version of the approval. Will they send me an RFE if I use just the email? I am also interested in this answer, would be nice if somebody could shed some light on this. Thanks in advance. Link to comment
entangled11 Posted March 2, 2016 Author Report Share Posted March 2, 2016 I am also interested in this answer, would be nice if somebody could shed some light on this. Thanks in advance. Sorry for delayed update: My employer choose to apply with just the USCIS waiver approval email. And we hoped to get the final J1 waiver approval notice before we get RFE. I got the final approval letter in mail in 3 days after my employer sent H1B premium application. We were ready to respond to an RFE, but we didnt get RFE. All went through smooth and got the H1B approval in 1 week 1 day or so. Link to comment
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