pareshchothe Posted March 7, 2014 Report Share Posted March 7, 2014 Hi, Today DOS updated my status as "favorable recommendation" for J1 waiver. My question is - can my employer file H1B with just DOS recommendation for 2014 quota ? And if I don't get final waiver certificate from USCIS before April 1, 2014 then what will happen to my application ? Can I still be able to submit final waiver certificate after the deadline ? Waiting for the advice as it is very urgent considering very less time in hand ? Thank you Link to comment
jairichi Posted March 8, 2014 Report Share Posted March 8, 2014 Hi, Today DOS updated my status as "favorable recommendation" for J1 waiver. My question is - can my employer file H1B with just DOS recommendation for 2014 quota ? And if I don't get final waiver certificate from USCIS before April 1, 2014 then what will happen to my application ? Can I still be able to submit final waiver certificate after the deadline ? Waiting for the advice as it is very urgent considering very less time in hand ? Thank you Yes, employer can still file a cap subject H1B petition in April 2014 based on favorable recommendation from DOS for J1 waiver, as the final decision for J1 waiver is with USCIS now. USCIS will take note of it and would adjudicate accordingly. Nothing to worry. Link to comment
pareshchothe Posted March 9, 2014 Author Report Share Posted March 9, 2014 Thanks a lot Jairichi. It was really helpful. I will go ahead and talk to company lawyer about it and see how it goes. Will come back if I have issues. Thanks again Link to comment
Digantakalita Posted March 14, 2014 Report Share Posted March 14, 2014 Hi, Today DOS updated my status as "favorable recommendation" for J1 waiver. My question is - can my employer file H1B with just DOS recommendation for 2014 quota ? And if I don't get final waiver certificate from USCIS before April 1, 2014 then what will happen to my application ? Can I still be able to submit final waiver certificate after the deadline ? Waiting for the advice as it is very urgent considering very less time in hand ? Thank you Hi PPC, How much time it took to get the favorable recommendation after receiving the NOS. In my case DoS received the NOS by Feb 6th, but still it is pending. I should get everything done before April 21st . I am scared now what happnens Thanks Diganta Link to comment
pareshchothe Posted March 31, 2014 Author Report Share Posted March 31, 2014 Just an update, Unfortunately my company lawyer was not happy with just DOS favorable letter for H1B application for 2014. He just needed final waiver certificate from USCIS to go with the H1B application. USCIS has received my file on march 17 and its under initial review. Hopefully get it soon. Link to comment
jairichi Posted March 31, 2014 Report Share Posted March 31, 2014 Just an update, Unfortunately my company lawyer was not happy with just DOS favorable letter for H1B application for 2014. He just needed final waiver certificate from USCIS to go with the H1B application. USCIS has received my file on march 17 and its under initial review. Hopefully get it soon. That is strange. My wife's attorney was ready to file her H1B petition in 2012 with DOS favorable recommendation letter and USCIS receipt notice for J1 waiver. But, I got USCIS approval notice in time to file her H1B. Link to comment
pareshchothe Posted April 1, 2014 Author Report Share Posted April 1, 2014 I really was upset with the company lawyer. Apparently he was too much uncertain about USCIS approval. Anyways, I just wanted to give my example that unexpected things may happen. Thanks Jairichi for your words. Link to comment
pareshchothe Posted April 1, 2014 Author Report Share Posted April 1, 2014 Hi Diganta, DOS received my NOS from Indian embassy in Washington D.C. on January 29 and got favorable recommendation on march 10. So I got it after 5 weeks since DOS received my NOS. For you it's taking long time. However, normal wait time is 6-8 weeks so wait for 1 more week then call or email DOS to ask the status. Good luck. Link to comment
jairichi Posted April 1, 2014 Report Share Posted April 1, 2014 I really was upset with the company lawyer. Apparently he was too much uncertain about USCIS approval. Anyways, I just wanted to give my example that unexpected things may happen. Thanks Jairichi for your words. That is bad. He should still submit your H1B petition. If picked in lottery there would be a RFE for final J1 waiver approval notice from USCIS. By that time you would surely have the approval notice and you can respond to that RFE without delay. In this situation I hope you get your J1 waiver approval notice before the H1B door closes for this year. You could request your employer to consult with another attorney to get an opinion about this issue. Link to comment
pareshchothe Posted April 2, 2014 Author Report Share Posted April 2, 2014 Yes. I told my hiring manager about the same however, attorney did not feel safe to go ahead and submit my H1B application. Today, USCIS updated my status as "J1 Waiver was approved and notice was sent to me in mail on April 1. So hopefully I should get it anytime this week. I feel so frustrated that if the approval had come few days before I could have submitted my application. I have one question. What is the actual deadline for H1B application ? is it still possible to submit the application ? Link to comment
jairichi Posted April 2, 2014 Report Share Posted April 2, 2014 Yes. I told my hiring manager about the same however, attorney did not feel safe to go ahead and submit my H1B application. Today, USCIS updated my status as "J1 Waiver was approved and notice was sent to me in mail on April 1. So hopefully I should get it anytime this week. I feel so frustrated that if the approval had come few days before I could have submitted my application. I have one question. What is the actual deadline for H1B application ? is it still possible to submit the application ? Take a print of the updated J1 waiver status to apply for your H1B. You are losing precious time here. USCIS will accept application till 7th April 2014. Link to comment
GJPJ Posted April 3, 2014 Report Share Posted April 3, 2014 Hello I have applied for the conrad 30 waiver and the USCIS received by favourable recommendation on March 10 th My application with USCIS is still under reveiw Jairichi , will you be able tell us your timeline . I am hoping to get the approval in time Thanks Link to comment
pareshchothe Posted April 3, 2014 Author Report Share Posted April 3, 2014 I did the same thing as you told me. I showed my company HR the printout of the USCIS J1 waiver status however, he said it is too late as he needs 4-5 days to get the documents ready. In fact I had sent all my documents to him 2 weeks before. No hopes. Link to comment
jairichi Posted April 3, 2014 Report Share Posted April 3, 2014 I did the same thing as you told me. I showed my company HR the printout of the USCIS J1 waiver status however, he said it is too late as he needs 4-5 days to get the documents ready. In fact I had sent all my documents to him 2 weeks before. No hopes. Sorry to hear that. When my spouse's employer was filing her H1B petition in 2012 the attorney had everything document ready to file. The moment I received the J1 waiver final notice and sent to him the same day he FedEx'd it as overnight delivery shipment. Link to comment
pareshchothe Posted April 3, 2014 Author Report Share Posted April 3, 2014 Hi newbie, I my case, USCIS received favorable recommendation letter from DOS on march 17 and approved my J1 waiver on April 1. So it took 2 weeks for USCIS to approve my waiver. I hope that should be the timeline for you as well however, it may take more time as per their routine timeline. Additionally I don't know whether they have the same consideration for Conrad30 waiver on timeline. Good luck and let us update. Link to comment
pareshchothe Posted April 4, 2014 Author Report Share Posted April 4, 2014 Finally I have my J1 waiver in hand. My timeline for J1 waiver is as follows : December 31, 2013 - filed DS-3035 and sent supporting documents January 22, 2014 - DOS received my application, fees and all other documents and updated it into the system January 29, 2014- DOS received NOS from Indian embassy in D.C. March 10, 2014 - favorable recommendation from DOS March 17, 2014 - USCIS received recommendation from DOS (got receipt in mail on march 20) April 1, 2014 - USCIS approved my J1 waiver April 4, 2014 - received i797 notice of J1 waiver approval in mail Waiting time ended. Overall whole process was not so unpleasant and frustrating. Good luck to everyone who are in process or waiting to hear from DOS and USCIS. Link to comment
arun2 Posted April 12, 2014 Report Share Posted April 12, 2014 Finally I have my J1 waiver in hand. My timeline for J1 waiver is as follows : December 31, 2013 - filed DS-3035 and sent supporting documents January 22, 2014 - DOS received my application, fees and all other documents and updated it into the system January 29, 2014- DOS received NOS from Indian embassy in D.C. March 10, 2014 - favorable recommendation from DOS March 17, 2014 - USCIS received recommendation from DOS (got receipt in mail on march 20) April 1, 2014 - USCIS approved my J1 waiver April 4, 2014 - received i797 notice of J1 waiver approval in mail Waiting time ended. Overall whole process was not so unpleasant and frustrating. Good luck to everyone who are in process or waiting to hear from DOS and USCIS. Dear PPC, Congratulations on getting the final waiver. Could you please indicate how long DOS took to send you a copy of the favorable recommendation letter? My status was changed to 'favorable reco' on April 4, but still didn't get a copy from them. Should I be able to go ahead and apply for H1-B with just the copy of letter from DOS? This will be a university H1-B petition so no quota involved I guess. Thanks! Arun Link to comment
pareshchothe Posted April 13, 2014 Author Report Share Posted April 13, 2014 Hi Arun, Thanks. In my case, I got USCIS receipt on march17 and received DOS letter in mail a week after that. I heard universities are very strict in terms of filing H1B without final waiver certificate from USCIS. However, you can confirm that with your university international office. I am afraid that they will ask for final waiver letter. But it's worth trying. You should be getting DOS letter in mail soon assuming that you have already received USCiS receipt. In my case, USCIS received DOS letter on march 14. Good luck. Link to comment
Athin Posted April 15, 2014 Report Share Posted April 15, 2014 Hi All, This is my case details: Jan 6, 2014: Waiver Filed and Case No created Jan 14, 2014: Final NORI from Ind Embassy Feb 6, 2014 : NORI received by DOS Feb 24, 2014: DOS requested sponsor views Mar 27, 2014: Institute sent sponsor views ( Process took almost a month and frustrating) April 9, 2014: DOS received sponsor views My case is still pending with DOS and don't know how long they gonna take to approve, as my J1 will end by June 15.. Only couple of weeks left and very worried :( Link to comment
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