Hardship J1 waiver to H1B stamping

[SKS2013]

I was on J1 for past 6 years and got an approval for a Hardship waiver on medical grounds. I am from India. I have an approval for H1B. Do I have to travel outside to outside US to get a H1B stamped on my passport or I could continue to be in US. I still have 2 more years of training to undergo on H1B.I would appreciate an expert comment on this issue.

[Attorney_11]

The answer to this question depends on facts not discussed here. In most cases, one is eligible to change status to H1B from J after a J-1 waiver is approved, assuming the home residency requirement applies. Individuals who are physicians who received J-1 classification to participate in Graduate Medical Education are not permitted to change status in the United States even if they have received a waiver of their home residency requirements, unless they were granted a waiver to practice medicine for three years in a medically underserved area. Those individuals must leave the US and apply for a H1B visa at a consulate before changing status to H1B.

[Zareen Ahsan]

Hi,

 

I am US trained MD. I was on J-1 visa, but my hardship waiver application got approved. I will now have to get my H1b visa stamped.

 

I have been in US for 6-7 years and my concern is that I had an Internal conversion from F1 to J1, will that negatively affect my stamping? My H1b is hospital sponsored.

 

Thanks-

 

[Attorney_11]

A prior change of status would not ordinarily present as an impediment to visa issuance at a subsequent visa issuance appointment absent aggravating factors. To determine personal immigration or visa issuance strategy or issues, it is advisable to contact the office of a qualified competent immigration attorney.

[Zareen Ahsan]

Thanks for the reply. Can you please guide me regarding the documents I will need?

 

This is my list-

 

1) Form I-797

2) Contract

3) I-129

3) Supporting documents-

 

Can you please tell me what is a client letter that every one keeps mentioning?

 

 

[futureeb2]

The client letter is needed by people hired by a staffing company who are then sent to work for a client of that company. This scenario does not usually apply to MDs.