H1b application without J1 waiver

[saydatt]

Can my H1b application be paused asking for J1 waiver and resumed once I submit the waiver?

Details: My visa and DS2019 indicate I'm not subject to 212e home residency and my subject code (34) is not on the skills list for my home country (India). I will adjust status to academic non-cap H1b before my J1 period will be over on 11-24-18. Instead of applying for an Advisory Opinion (which I'm told almost always comes back with a 'subject to 212e' verdict), I plan to start the waiver process (it's a 3 step process). At the earliest possibility (which I'm told is 6 months, which means 06-24-18) I plan to apply for the H1b premium processing. If the H1b processing goes smoothly, which it should, well and good. If the officials come back with waiver request I will complete the waiver process and complete the H1b processing. Questions are: If the officials think waiver is required, is the H1b processing paused and resumed after waiver submission or is it rejected with fresh application to be made? How much time do I have to submit waiver when the H1b officials ask for it?

[j1wavierIndia]

Hi...

I guess you will have 2 months of time if you get an RFE. I guess H1b Premium for this FY is suspended.

[holyriver6@gmail.com]

On 3/8/2018 at 1:09 PM, saydatt said:

Can my H1b application be paused asking for J1 waiver and resumed once I submit the waiver?

Details: My visa and DS2019 indicate I'm not subject to 212e home residency and my subject code (34) is not on the skills list for my home country (India). I will adjust status to academic non-cap H1b before my J1 period will be over on 11-24-18. Instead of applying for an Advisory Opinion (which I'm told almost always comes back with a 'subject to 212e' verdict), I plan to start the waiver process (it's a 3 step process). At the earliest possibility (which I'm told is 6 months, which means 06-24-18) I plan to apply for the H1b premium processing. If the H1b processing goes smoothly, which it should, well and good. If the officials come back with waiver request I will complete the waiver process and complete the H1b processing. Questions are: If the officials think waiver is required, is the H1b processing paused and resumed after waiver submission or is it rejected with fresh application to be made? How much time do I have to submit waiver when the H1b officials ask for it?

2

You are being very very optimistic in this situation. 

The waiver now will take 2 yrs. 

[sagb]

Hi Saydatt,

 

Did you easily got transitioned to H1B without J1 waiver?

I have the same case so I was just wondering your outcome.

Thanks