What is the name of your state (only U.S. law)?
NY
I am Canadian who was doing medical residency on a j1. I have applied for a waiver which has been approved by my state and the application was just forwarded to the DoS. My lawyer is saying that we can apply for a H1B prior to a favorable decision by DOS and once it is approved I can go and get it stamped in Canada and come back to start work. Once the favorable decision is made by Dos and USCIS, the H1B will continue and the period of 3 yr will start counting only then.
Is this ok? or are there any risks involved? I was worried if this has been done before.
Thanks.
help's much appreciated
NY
I am Canadian who was doing medical residency on a j1. I have applied for a waiver which has been approved by my state and the application was just forwarded to the DoS. My lawyer is saying that we can apply for a H1B prior to a favorable decision by DOS and once it is approved I can go and get it stamped in Canada and come back to start work. Once the favorable decision is made by Dos and USCIS, the H1B will continue and the period of 3 yr will start counting only then.
Is this ok? or are there any risks involved? I was worried if this has been done before.
Thanks.
help's much appreciated