J1 expiring soon, I-612 waiver obtained and switching to H1B

[VENK04]

Hi one and all,

I came to the US as post doctoral fellow on a J1 visa in March 2016 and the program completes on September 2017. I was subjected to 212e/HRR and applied for J1 waiver/ I-612 through no objection statement from India, my home country and just received the I-612/ J1 waiver notification from USCIS. My new employer is willing to apply for an academic H1/ Non-cap educational organization and soon they will apply by premium processing. Since my J program end this September 2017, is there any possibility to extend my nonimmigrant visa status by I-539 or any other means to stay back in the US during the H1B process? Should I still need to go India after the J program completion for a smooth transition into the H1 program with or with out the 30 day grace period? else can I join in the H1 program upon its approval during the 30 day grace period ? Kindly suggest.


Thanks,
VENKAT

[pontevecchio]

Do you or the sponsor have a Lawyer involved?

[VENK04]

Yes, my sponsor is applying the H1B through their attorney, whom I waiting for a response to file my application ASAP.

[pontevecchio]

You have to wait on the lawyer/school as you have no direct role in filing a H1 except to provide documents as requested by the lawyer.

[VENK04]

Can I stay in US using I 539 change of status during this visa application process? if Yes what status (the most applicable one eg B2- visitor) I can write in the I539 application and submit. Since I have 2 weeks left with the program completion. Do I have a chance to stay in US and complete the process.? Kindly Suggest.

Thanks,

Venkat