Tomask

Hi,
I have few questions about H1B visa
My wife has changed her status from J1 to H1B a couple weeks ago.
Before this she applied for waiver (2 yr HRR), she has already got a letter from our country embassy and reccomendation letter from Dept. of State. Dept. of State sent also their recommendation to INS.
After Dept. of State sent their letter to INS her emplyer applied also for H1B visa to INS. My wife paid premium fee and after almost two weeks got H1B visa Approval Notice from INS, but she never get Waiver Final Decision from them.
Now we would like to go to our country and get visa stamps in passports but one of teh requirements of US embassy in our country is that we need waiver approval notice from INS (final decision)
1.
Can we go to our coutry and get visas at US embassy if we have only: H1B Approval notice, no objection letter from our country and copy of recommendation leter from Dept. of State ?
2.
Why has my wife got H1B before waiver ?
3.
We paid premium proccessing fee. Should INS proccess Waiver and H1B in the same time ???
4.
Is there any risk that us embassy can deny to give us visa stamps in our passports because we do not have final decision yet ?
5. What we should do ???

Sylvia Ottemoeller

"Tomask" wrote in message
news:[email protected]...

    > I have few questions about H1B visa
    > My wife has changed her status from J1 to H1B a couple weeks ago.
    > Before this she applied for waiver (2 yr HRR), she has already got a
    > letter from our country embassy and reccomendation letter from Dept. of
    > State. Dept. of State sent also their recommendation to INS.
    > After Dept. of State sent their letter to INS her emplyer applied also
    > for H1B visa to INS. My wife paid premium fee and after almost two weeks
    > got H1B visa Approval Notice from INS, but she never get Waiver Final
    > Decision from them.
    > Now we would like to go to our country and get visa stamps in passports
    > but one of teh requirements of US embassy in our country is that we
    > need waiver approval notice from INS (final decision)
    > 1.
    > Can we go to our coutry and get visas at US embassy if we have only: H1B
    > Approval notice, no objection letter from our country and copy of
    > recommendation leter from Dept. of State ?

You can, but you risk having to wait outside the U.S. while the consular
post obtains a copy of the I-612 approval notice, which they have a right to
demand.

    > 2.
    > Why has my wife got H1B before waiver ?

BCIS often makes the mistake of approving a request for change of status
from obligated J-1 status to H-1B status without approving the I-612.

    > 3.
    > We paid premium proccessing fee. Should INS proccess Waiver and H1B in
    > the same time ???

BCIS does not guarantee to process the waiver at the same time, although it
often does so as a courtesy.

    > 4.
    > Is there any risk that us embassy can deny to give us visa stamps in our
    > passports because we do not have final decision yet ?

Yes. I have seen this happen.

    > 5. What we should do ???

Ask your Congressperson for help in getting a copy of the I-612 approval
from BCIS before leaving the U.S.