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May an H-lB petition be filed prior to the filing or approval of an interested government agency J-1 waiver?

April 26, 2017agency Approval filed filing government h-lb J-1 petition prior

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May an H-lB petition be filed prior to the filing or approval of an interested government agency J-1 waiver?

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A. Yes, however, the H-i B petition cannot be filed more than six months prior to the projected employment commencement date. Note also that USCIS generally will not grant the cap exemption until the Department of State has recommended waiver approval to the USCIS.