Legal Question in Immigration Law in Ohio
Can I apply for H-1B while I apply for J1 Waiver? My application is pending at the DOS and my embassy has sent a No objection certificate to DOS but it is not updated yet.
Asked on 11/18/10, 1:57 pm
1 Answer from Attorneys
Kristi Crawford
Kristi L. Crawford, Attorney at Law
Evidence of the waiver approval at the DOS level is a minimum requirement of the H1B petition. That is, it is considered 'prima facie' evidence and the case can be denied if it does not contain that document at the time of submission. You should not file the case through Premium Processing, since it is not approvable. However, if you file it through regular processing you may simply get a Request for Evidence. There is some risk of getting a denial.
Answered on 12/13/10, 9:15 am
Related Questions & Answers
-
Can an illegal immigrant who has been deported once get citizenship? Asked 11/16/10, 7:23 am in United States Ohio Immigration Law
-
My father was deported because he was illegal but they didnt deport him until 12... Asked 10/31/10, 5:51 pm in United States Ohio Immigration Law
-
I have a 9 year old son with a man who is not a citizen. I have had a order for... Asked 10/22/10, 7:02 am in United States Ohio Immigration Law
-
I really need some clarification based on my particular situation regarding which... Asked 9/27/10, 11:11 pm in United States Ohio Immigration Law
-
My sister is living in USA (OHIO) from last 9 year and she is citizen of USA. Can... Asked 9/27/10, 7:45 pm in United States Ohio Immigration Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
