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May an H-1B petition be filed prior to obtaining a J-1 visa waiver?

April 26, 2017filed H-1B J-1 petition prior Visa waiver

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May an H-1B petition be filed prior to obtaining a J-1 visa waiver?

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Yes. An H-1B petition should be filed about six months prior to the time the H-1B worker will commence employment. However, the application for change of status may not be filed until the Department of State (DOS) issues its waiver recommendation to Bureau of Citizenship and Immigration Services (BCIS). For specific advice, seek legal counsel.