What Happens When my visa expires?
Oct 7th 2002, 6:50 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 99
What Happens When my visa expires?
I am currently on an F-1 visa. I graduated last year and was hired by an American company who will apply for an H-1. The problem is that 6 years ago I had a J-1 with a 2y res requirement that I have not completed. I have applied for a waiver based on no objection. The no objection letter was obtained in June, but I am still waiting for the DOS. My F-1 status expires on 1/1/2003. What should I do if the waiver doesn't come through in time? Can I stay in the US and wait? Can I still work?
Oct 7th 2002, 11:36 pm
#2
Guest
Posts: n/a
Re: What Happens When my visa expires?
"Carl" wrote in message
news:436070.1034016600@britishexpats-
.com...
> I am currently on an F-1 visa. I graduated last year and was hired by
> an American company who will apply for an H-1. The problem is that 6
> years ago I had a J-1 with a 2y res requirement that I have not
> completed. I have applied for a waiver based on no objection. The no
> objection letter was obtained in June, but I am still waiting for the
> DOS. My F-1 status expires on 1/1/2003. What should I do if the waiver
> doesn't come through in time? Can I stay in the US and wait? Can I
> still work?
As soon as you get the letter from the Department of State Exchange Visitor
Program which recommends the waiver, that letter can be included in the H-1B
petition of the employer. The INS will then approve both the H-1B petition
and the I-612 (waiver application which INS initiates upon receipt of the
DOS recommendation letter) at the same time. If the employer includes the
$1000 premium processing fee, the INS will probably approve the waiver
quickly along with the H-1B petition, although INS is only mandated to
approve the H-1B petition quickly.
If the DOS letter is not yet available in time to include with the H-1B
petition, things get complicated. The H-1B petition can be filed without
the waiver recommendation, and INS can approve the H-1B petition as
"free-floating," that is, the petition is approved but your status is not
changed. Then, as soon as you get the waiver, you can leave the U.S., get a
visa stamp, and re-enter in H-1B status. You will have to show the consular
post that the I-612 has been approved, before you can get your H visa.
However, it is nearly impossible to get the I-612 waiver application
approved on an expedited basis, unless you get your Congressperson involved
in pushing it.
If your waiver is not approved, you can stay in the U.S. and work until
1/1/2003. You may remain in the U.S. for the 60 day grace period of your
F-1 status, but you may not work legally.
news:436070.1034016600@britishexpats-
.com...
> I am currently on an F-1 visa. I graduated last year and was hired by
> an American company who will apply for an H-1. The problem is that 6
> years ago I had a J-1 with a 2y res requirement that I have not
> completed. I have applied for a waiver based on no objection. The no
> objection letter was obtained in June, but I am still waiting for the
> DOS. My F-1 status expires on 1/1/2003. What should I do if the waiver
> doesn't come through in time? Can I stay in the US and wait? Can I
> still work?
As soon as you get the letter from the Department of State Exchange Visitor
Program which recommends the waiver, that letter can be included in the H-1B
petition of the employer. The INS will then approve both the H-1B petition
and the I-612 (waiver application which INS initiates upon receipt of the
DOS recommendation letter) at the same time. If the employer includes the
$1000 premium processing fee, the INS will probably approve the waiver
quickly along with the H-1B petition, although INS is only mandated to
approve the H-1B petition quickly.
If the DOS letter is not yet available in time to include with the H-1B
petition, things get complicated. The H-1B petition can be filed without
the waiver recommendation, and INS can approve the H-1B petition as
"free-floating," that is, the petition is approved but your status is not
changed. Then, as soon as you get the waiver, you can leave the U.S., get a
visa stamp, and re-enter in H-1B status. You will have to show the consular
post that the I-612 has been approved, before you can get your H visa.
However, it is nearly impossible to get the I-612 waiver application
approved on an expedited basis, unless you get your Congressperson involved
in pushing it.
If your waiver is not approved, you can stay in the U.S. and work until
1/1/2003. You may remain in the U.S. for the 60 day grace period of your
F-1 status, but you may not work legally.
Oct 8th 2002, 12:30 pm
#3
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 99
Re: What Happens When my visa expires?
Originally posted by Sylvia Ottemoeller:
"Carl" wrote in message
news:436070.1034016600@britishexpats-
.com...
> I am currently on an F-1 visa. I graduated last year and was hired by
> an American company who will apply for an H-1. The problem is that 6
> years ago I had a J-1 with a 2y res requirement that I have not
> completed. I have applied for a waiver based on no objection. The no
> objection letter was obtained in June, but I am still waiting for the
> DOS. My F-1 status expires on 1/1/2003. What should I do if the waiver
> doesn't come through in time? Can I stay in the US and wait? Can I
> still work?
As soon as you get the letter from the Department of State Exchange Visitor
Program which recommends the waiver, that letter can be included in the H-1B
petition of the employer. The INS will then approve both the H-1B petition
and the I-612 (waiver application which INS initiates upon receipt of the
DOS recommendation letter) at the same time. If the employer includes the
$1000 premium processing fee, the INS will probably approve the waiver
quickly along with the H-1B petition, although INS is only mandated to
approve the H-1B petition quickly.
If the DOS letter is not yet available in time to include with the H-1B
petition, things get complicated. The H-1B petition can be filed without
the waiver recommendation, and INS can approve the H-1B petition as
"free-floating," that is, the petition is approved but your status is not
changed. Then, as soon as you get the waiver, you can leave the U.S., get a
visa stamp, and re-enter in H-1B status. You will have to show the consular
post that the I-612 has been approved, before you can get your H visa.
However, it is nearly impossible to get the I-612 waiver application
approved on an expedited basis, unless you get your Congressperson involved
in pushing it.
If your waiver is not approved, you can stay in the U.S. and work until
1/1/2003. You may remain in the U.S. for the 60 day grace period of your
F-1 status, but you may not work legally.
"Carl" wrote in message
news:436070.1034016600@britishexpats-
.com...
> I am currently on an F-1 visa. I graduated last year and was hired by
> an American company who will apply for an H-1. The problem is that 6
> years ago I had a J-1 with a 2y res requirement that I have not
> completed. I have applied for a waiver based on no objection. The no
> objection letter was obtained in June, but I am still waiting for the
> DOS. My F-1 status expires on 1/1/2003. What should I do if the waiver
> doesn't come through in time? Can I stay in the US and wait? Can I
> still work?
As soon as you get the letter from the Department of State Exchange Visitor
Program which recommends the waiver, that letter can be included in the H-1B
petition of the employer. The INS will then approve both the H-1B petition
and the I-612 (waiver application which INS initiates upon receipt of the
DOS recommendation letter) at the same time. If the employer includes the
$1000 premium processing fee, the INS will probably approve the waiver
quickly along with the H-1B petition, although INS is only mandated to
approve the H-1B petition quickly.
If the DOS letter is not yet available in time to include with the H-1B
petition, things get complicated. The H-1B petition can be filed without
the waiver recommendation, and INS can approve the H-1B petition as
"free-floating," that is, the petition is approved but your status is not
changed. Then, as soon as you get the waiver, you can leave the U.S., get a
visa stamp, and re-enter in H-1B status. You will have to show the consular
post that the I-612 has been approved, before you can get your H visa.
However, it is nearly impossible to get the I-612 waiver application
approved on an expedited basis, unless you get your Congressperson involved
in pushing it.
If your waiver is not approved, you can stay in the U.S. and work until
1/1/2003. You may remain in the U.S. for the 60 day grace period of your
F-1 status, but you may not work legally.
THANKS!
