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Filipi

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

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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

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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. 

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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. 


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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.

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Posted (edited)

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 by Filipi

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