回複：You don't need waiver because

First, he needs a waiver simply because he is holding Chinese (mainland) passport, no matter what is printed on the visa.
Second, obviously that was an INS oversight for approving H1b without a waiver.
Third, he is applying for a waiver now and he will get it.

So, there should be no problem for him. But he must get waiver if he wants to keep H1b. Even he doesn't want to get GC, if he wants to trave abroad or renew H1b, he will have trouble without a waiver.