Attorney_23 Posted March 3, 2016 Report Share Posted March 3, 2016 This week, Murthy Law Firm attorneys will answer questions relating to 212(d)(3) nonimmigrant waivers. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual. Link to comment
ayush488 Posted March 3, 2016 Report Share Posted March 3, 2016 Can my employer file a H1b for me on April 1 even though I do not have a J-1 waiver (neither DoS favorable recommendation nor USCIS approval)? Link to comment
Attorney_11 Posted March 4, 2016 Report Share Posted March 4, 2016 An employer may file an H1B petition on behalf of someone subject to the home residency requirement. A beneficiary subject to a home residency requirement cannot change status, apply for a H or L nonimmigrant visa, adjust status or apply for an immigrant visa until they have either waived or fulfilled their home residency requirement. Link to comment
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