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J1 to H1b help needed

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  • J1 to H1b help needed

    I'm curently on a J1 visa and i'm planning to change that to H1B.I wonder if the pending period for the H1b has to be covered by a visa if my j1 will meanwhile expire and if so what can i do to cover that period?

  • #2
    I'm curently on a J1 visa and i'm planning to change that to H1B.I wonder if the pending period for the H1b has to be covered by a visa if my j1 will meanwhile expire and if so what can i do to cover that period?

    Comment


    • #3
      You can't file H-1 petition, your employer can.
      And it would be wise of him if he hired licensed Attorney to file the work petition.
      Basically, there is a tolling period that covers the period while your application is being adjudicated.
      You should check if your visa has 2-year home residency requirement.

      Good Luck,
      IE

      Comment


      • #4
        Of course that my employer will file the petition actualy his lawyer but before we start this i wanna know what will be my status from 24 of april till october when i'm gonna have the answer for H1b .My curent J1 will expire on 24 of april and i'm gonna file for H1b before that of course but what will be my status here on that pending period .Do i need a visa to cover that period or not?

        Comment


        • #5
          If the fiscal year (for H-1) starts after expiration of your current visa, then technically you would be out of status.
          But I think several years ago, when economy was booming and H caps were increased, there were also issued regulations (and law) allowing foreign students to remain in status while their H applications were pending AND before the beginning of new fiscal year.

          This being said, in no way you should rely on advises of the posters in questions like that, but seek an advise of professional attorney.

          Good Luck,
          IE

          Comment


          • #6
            You are eligible to remain in the U.S. up to 30 days after the expiration date on your DS-2019. You may NOT remain in the U.S while you H-1B is pending because it is not being processed due to a cap restriction. USCIS defines this period as a non-adjudiction period therefore you do not have a pending status.

            Is it possible to get the J-1 extended? If not then you should make plans to go home until the H-1 is approved.

            Some will advise you to file for a B-1 visitor status. I think you should be careful about this because filing such a petition when your intent is to file an H-1B smells of fraud. THAT MY OPINION

            The positive side of waiting at home while the H-1B is processed is that you will have the H-1 visa when you enter and future travel will be much easier.

            Comment


            • #7
              Also, as IE said, you can't be subject to 212(e) and change to H

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              • #8
                What is 212(e)? Thanks.

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                • #9
                  Section of INA.

                  Comment


                  • #10
                    I mean, what does 212(e) state? Thanks.

                    Comment


                    • #11
                      If you are subject to 212(e) you have to return to your home country or country of last residence for 2 years before you can change status to H-1B

                      People can be subject to 212 (e) if they received goverment funding (from the U.S. or their government) for their J-1 exchange program or if their occupation is on what is called a "skills list". The skills list is meant to prevent brain drain of talent from foreign countries.

                      If you are subject to 212(e) you can apply to get it waived. The most common way is to request a "no objection" waiver. This is basically verification that both the U.S and your country have agreed on the waiver in your situation. A no objection waiver can take up to 7 months to adjudicate.

                      Note if you received funding through the U.S.govt (via Fullbright) you have basically no chance of getting a waiver.

                      Comment


                      • #12
                        Originally posted by flaviuss View Post
                        I'm curently on a J1 visa and i'm planning to change that to H1B.I wonder if the pending period for the H1b has to be covered by a visa if my j1 will meanwhile expire and if so what can i do to cover that period?
                        I am also in the same situation.
                        I applied for j1 to H1.
                        Can you tell me what you did to cover that period from j1 expiry till october?

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