Applying for H-1B cap exempt with J1 Waiver DoS Recommendation Only

[Filipi 8]

Hey everyone,

 

I've just received a status update for my j1 visa waiver from DoS indicating a favorable recommendation. I was offered with a job in a university and they are waiting for my waiver to apply for the H1-B visa (cap exempt). I've seem people here applying to the visa only with the DoS recommendation since USCIS will have a final decision on both. So I would like to know how to proceed and if I need to send the original recommendation letter to the university. Thanks

[Boiler 45,493]

Best person to ask is the Lawyer handling the case, it is the Employers petition you are just along for the ride.

[Filipi 8]

Thank you, I will check with the university about this possibility, they are handling my case (I don't have direct access to their Lawyer).

[USS_Voyager 1,972]

1 minute ago, Filipi said:

Thank you, I will check with the university about this possibility, they are handling my case (I don't have direct access to their Lawyer).

Yes, if it's a large University, they should have a lawyer or two to take care of this stuff. 

 

But yes, people have applied with the favorable recommendation. 

[WeGuyGal 1,052]

23 minutes ago, Filipi said:

Thank you, I will check with the university about this possibility, they are handling my case (I don't have direct access to their Lawyer).

The University talks to the lawyer(s) about process and documentation, you talk to the University DSO. 

[JWaiver_2019 21]

15 hours ago, Filipi said:

Hey everyone,

 

I've just received a status update for my j1 visa waiver from DoS indicating a favorable recommendation. I was offered with a job in a university and they are waiting for my waiver to apply for the H1-B visa (cap exempt). I've seem people here applying to the visa only with the DoS recommendation since USCIS will have a final decision on both. So I would like to know how to proceed and if I need to send the original recommendation letter to the university. Thanks

Hi Filipi,

 

You need to check with your immigration office for University policy in my opinion.

I can share my experience. I have discussed this thing with immigration specialist (IS) in my organization since my supervisor wants to apply for H1 premium to take me on board soon after J1 waiver and my contract is expiring this summer too. So IS informed me that the immigration policy of our organization is to get USCIS letter to get approval for funds to pay for H1 premium and I will have to wait for it. So it is possible to apply with DOS letter but policy restrictions are there in my case.

I am now planning to discuss with them if my recommendation is delayed and I can pay for premium fee myself (to avoid any risk if timelines are tight). I am still discussing to get clear picture for planning in advance, so it is best for you to talk to your university based immigration officials (International office may be) who deal such things.

[Filipi 8]

This is to give an update on my this. I checked with my university and they prefer to await for USCI final approval. They said that when they have sent in the DOS letter on other cases in recent years it has not been accepted.

Edited March 15, 2019 by Filipi

[Illy 0]

Hi everybody . I have posted a similar question on the J1 2019 timeline topic (Hi JWaiver_2019 and Filipi! ), but only now found this topic which is exactly more pertinent to my question.

I am in the process of obtaining a 212(e) waiver and got to the point where I have a DoS favorable recommendation and the case has been received by USCIS.

I will also have then to apply for H1b for a cap exempt institution

 

In case we want to file H1B processing with only DoS recommendation, is it true that it is only possible to have it done through consular processing and NOT as a change of status (say from F1 to H1)? I wonder if anyone has gone through this or can point out to a source of reliable info about it.

If this is the case, since I am in the US, i would need to exit and get a consular appointment which can take long in the summer time, so I am afraid after all is said and done this would be as likely as a risk as waiting for the waiver with standard times and then apply for H1B...

 

Thanks