J1 waiver completion letter- required for H1B transfer?

[pri123]

Hi,

   My J-1 waiver job as a physician is finishing on 4th July. I want to move to another job after that (not continuing in the same place/same state). My current H1b is expiring in Jan 2020. So I have plenty of time. My question is: Can I start my new job from August? Do I need J1 waiver completion letter from DOH to file my H1b transfer? How long this completion letter process take? Kindly help.

[care_candidate]

You need to explain more. You have J-1 waiver with 2 year rule and H1b together? Are you not working as hardship job? What is your intention?

[rags79]

Your situation seems pretty clear to me, it's very similar to what we went through. It seems like your contract with your J1 Waiver employer completes after 3 years (?) of joining, and you would like to not continue there but seek opportunities elsewhere. You have plenty of time remaining on your visa so a visa transfer is doable. Doesn't sound too uncommon.

From our experience, every state is slightly different in terms of procedure and policy. In the state of Maryland the Dept. of Health requests the candidate and their employer to complete and sign a form stating they're doing their J1 Waiver for that location and that year. After doing this every year for 3 years (or how ever long the waiver period is), the Maryland Dept. of Health sends a similar form but this time stating that the employee has completed their J1 Waiver obligation. Following which, in a few weeks they send out a letter to the employee stating that their J1 Waiver obligation is complete. At this time, the employee can transfer the H1-B to another employer without having to go back to their home country for 2 years.

In any case, you can email or phone your state's Dept. of Health to get clarification for the specifics of your state.

Disclaimer: I am not a licensed immigration attorney or advisor. The information above is for your information only. It should not be considered official or personalized advice.