When do I start waiver process on US side (Stage-III)


educationist

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Hi,

 

Thank you so much every body for helping each other.I really appreicate everybody on this forum including website admin for having this kind of open forum which help many people with their concerns.

 

I am on J1 Visa,working as teacher and my Visa and DS 2019 expires august 2016..So I want to file H1B with my current school in this April 2016 under cap quota.I have got all three clearances from Indian Govt agencies couple of months ago.I just hold them waiting for right time to apply for my NOS at Indian Consulate and fill up DS 3035 online same time.

 

My question is when can i start  (Stage III) the waiver process with the DoS  like filling up DS 3035 and then applying for NOS with my Indian consulate(Chicago) ?

Some body told me if i apply too early ,once my waiver is approved by DoS,USCIS , I will be given 90 days from the date of final waiver approved by USCIS to stay in the US or to adjust my stauts to H1B, and some one said I will be out of stauts as soon as my waiver approrved by USCIS even though my visa on passport and DS 2019 are valid until August 2016.

 

So I am in panic mode now and waiting for advice on this. if I apply now ( january 1st week) let say my waiver approved from DoS and USCIS by March 2016 ,should i be counting my 90 days  grace time or I can stay in US until my VISA and DS 2019 expires?Does waiver approval by USCIS has anything to do with how long one can saty in US or does it affect your stay in US?

 

I really appreicate and  will be very thankful to you if some one helps me! i need to apply as quickly as possible if i have to since April is not too far.Please help me !

 

Thank you so much.

MRR

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Thank you so much for quick reply jairichi..I really appreciate you.

 

I have one more  question please :

 

Since my DS 2019 is valid until Augut 2016, if my H1B is picked up what are other visa/status options for me to maintain during the gap period from August to September 30th till my H1 starts from October 1st?

 

I will be very thankful for the help and appreciate you.

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Thank you so much for quick reply jairichi..I really appreciate you.

 

I have one more  question please :

 

Since my DS 2019 is valid until Augut 2016, if my H1B is picked up what are other visa/status options for me to maintain during the gap period from August to September 30th till my H1 starts from October 1st?

 

I will be very thankful for the help and appreciate you.

You can apply for a COS to B2 or to H4/L2 (if your spouse is on H1B/L1). Just before Oct 1st request USCIS for withdrawal of your COS petition. By doing so you will move to H1B, if your H1B I797 came with an I94.

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