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Hi All,
I desperately need to educate myself on this topic and that's why I am here.
I am in the USA on J1 visa from August 2011 to April 2015 (DS-2019). The maximum extension can be done on J1 visa is for 5 years and I have completed almost 4. Meanwhile, I have applied for J-1 Waiver which is pending at DOS. Washington indian embassy has sent NOC once but DOS requested NOC again saying incomplete information So it is still pending. It's almost more than three months. Things are not progressing at this front.
My current employer wants to file H1B for me and I am meeting university lawyer on this Thursday. I have following questions:
1) Can I file H1B petition as well as change of status while J-1 waiver is pending? Or i have to wait till DOS gives me favorable recommendation.
2) Can I extend one more year on my J-1 as J-1 waiver though filed but hasn't approved yet? If yes, do i have to do another J-1 waiver application for this one more year?
3) If DOS gives me favorable recommendation before April 2015 and I file H-1 B petition as well as change of status before expiry of my j-1 visa (April 30, 2015), can I stay legally in USA as my H-1 B application is pending? I can also opt for premium processing.
4) If nothing works out, can I apply for F-1 while J-1 waiver is still under processing?
Please let me know. I would really appreciate your help in this.
Regards,
Rashmi
I desperately need to educate myself on this topic and that's why I am here.
I am in the USA on J1 visa from August 2011 to April 2015 (DS-2019). The maximum extension can be done on J1 visa is for 5 years and I have completed almost 4. Meanwhile, I have applied for J-1 Waiver which is pending at DOS. Washington indian embassy has sent NOC once but DOS requested NOC again saying incomplete information So it is still pending. It's almost more than three months. Things are not progressing at this front.
My current employer wants to file H1B for me and I am meeting university lawyer on this Thursday. I have following questions:
1) Can I file H1B petition as well as change of status while J-1 waiver is pending? Or i have to wait till DOS gives me favorable recommendation.
2) Can I extend one more year on my J-1 as J-1 waiver though filed but hasn't approved yet? If yes, do i have to do another J-1 waiver application for this one more year?
3) If DOS gives me favorable recommendation before April 2015 and I file H-1 B petition as well as change of status before expiry of my j-1 visa (April 30, 2015), can I stay legally in USA as my H-1 B application is pending? I can also opt for premium processing.
4) If nothing works out, can I apply for F-1 while J-1 waiver is still under processing?
Please let me know. I would really appreciate your help in this.
Regards,
Rashmi
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