J1 Waiver Favorable Recommendation - H1B Visa Stamping interview without USCIS final approval?

[idkmanidk 0]

Hi there,

Please let me know if this is not the right place to post, because I am desperate for an answer.

I did an exchange program as a high school student on a J1 visa with government funding that triggered at 2 year home residency requirement. I since went to the US to study for college on an F1 visa. I started work on OPT and was granted an H1B petition but my OPT expired before the J1 No Objection Waiver was approved.

The Department of State issued a favorable recommendation on June 6 but the USCIS hasn't moved a finger to do anything on my case. Is it possible to apply for a visa interview at my local embassy (I have returned to my home country) with just a copy of the Department of State favorable recommendation? At this point I have less than 3 months remaining of the 2 year home residency requirement and I might lose my job over how long this processing has taken...

please help!

[jan22 3,056]

You can apply, but the visa cannot be approved until one of two conditions are met -- you have completed the 2 year home residency requirement by having spent 24 months out of the US since you left after your J1 program, OR the waiver is granted and all the paperwork of that approval reaches the Embassy/Consulate.