H1B stamping with J1 visa 2 year HR condition without waiver


sutarramesh123

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Gurus,

I am in a tough situation here, need your guidance.

2007 Aug- Got J1 Visa (with 2 year HR condition) in hospitality (Hotel) industry- No institution financially supported me.

2009 Feb- Returned to india

2010 Jan- Came back to US on F1 visa to do MBA

2011 Jan- Got CPT for 11 months (Started working in IT on the management side)

2011 Dec- Got OPT for 1 year

2012 May- Got H1b approved (till this moment nobody ever questioned on having 2 year condition on J1 visa also I was not aware of the exact rules)

2013 April- Planned to go to Canada for H1B stamping after getting Visitors Visa.

1. Talked to my company's lawyer about the J1 condition. They suggested to get the waiver first and then go for stamping.

2. If I am not wrong Waiver process takes 6-8 months to get approved.

3. I need to go to India in couple of months.

4. I am with a consulting firm with good standings and still working in IT.

Question- I know there is a risk involved in going to Canada for stamping. But I would like to know if they really consider this condition as a strict NO to approve the H1B stamping? Do I have any other option?

Appreciate all your help and suggestions . Also please please comment if someone has already gone through the same difficulty.

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