Can I Begin My H1B Visa Application Before the J1 Waiver Approval?

Dr. William:

My J1 visa will expire on next year March, and a company now wants to hire me and sponsor my H1B visa application. My J1 2-year home country service waiver application has been sent to Department of State for a while, but it is still pending. Can I begin my H1B visa application now before the J1 waiver approval?


Answer: 

You can start the H1B visa application before the J1 waiver approval, in order to maintain your status. But USCIS needs to get your evidence of J1 waiver before their final H1B visa adjudication and approval. If you can not provide the J1 waiver document at the time of the H1B adjudication, USCIS will simply deny your H1B application.

 

 

 

 

     

 

 

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