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I am a J1 visa holder. Got NOS and waiting for my waiver....

<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

Question by jay
Submitted on 4/11/2004
Related FAQ: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)
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I am a J1 visa holder.  Got NOS and waiting for my waiver. Can I already file for my H1 petition even if I have not recieved the recommendation from USIA or INS? Once filed, will I be in legal status? My visa expires June and the H1 cap has been filled - needing to wait for FY Oct. 1, 2004.


Answer by j1waiver
Submitted on 7/16/2004
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as far as i know, u do not have to wait for the recommendation from usia or ins. can you throw some insight on how u got the nos:
1. did u send someone personally to the offices in india
2. which offices do we need to go to (addresses if possible or departments)
3. time frames - time taken for the same
it would be very helpful if u can guide us.

 

Answer by Guru
Submitted on 8/3/2004
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You will need to wait till you receive a waiver from the BCIS...you could file for H1 but if they find out that you have not fulfilled the two year home country requirement by looking at your paperwork they may not issue the paperwork and may raise an objection. The best way would be to wait till you get waiver from BCIS.

 

Answer by lyds
Submitted on 3/8/2006
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I am  a j1 visa holder from the philippines and my j1 visa will expire this coming june 2006. i got married to am american citizen and i filed a NOS but i did not received it yet. will i go home or stay here even if my visa will expire.. this june 2006. some freinds siad that i have to stay because if i will go home i will not be able to return very soon.. it will take time

 

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<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)


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