Immigration Issues/J1 waiver

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Question
Hi,I applied for j1 waiver on persecution basis. And DOS sent favourable recommedations to USCIS in sept.2007.Now uscis sent me a letter saying that my case is delayed because  i dont have H1 visa for me.
Does this make sense.what are my options. can i apply for H1 on DOS recommendations.I would really appreciate your help

Answer
Sajid,
It does not make sense to me either. As to how J-1 waiver is connected to H visa availability. Previously, I have applied for H with the DOS recommendation and USCIS has approved both the H and J waiver. But recent reports from the USCIS suggest that they will accept H only after the USCIS approval.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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