H1B stamping with J1 visa 2 year HR condition without waiver

[sutarramesh123]

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.

[pontevecchio]

Where did you do your MBA?

[suyoglips]

Where did you do your MBA?

I did MBA from TX, US. 

 

An update-

Received the J1 waiver a month ago. Now my lawyer is suggesting me to wait until I change the project. That will be no sooner than Jan 2015. I need to go to India ASAP. 

 

1. Should I go ahead and amend the H1to reflect that I had a J1 visa before (as I have a waiver now)?

    If yes, what are the chances that they will revoke my H1 right away. 

    Couple of issues here,

     A. If I amend the H1 now without changing the project, They may revoke it and say this was your first H1 and you will             need to wait until April 2015 to apply for a fresh H1.

     B. If I wait till I change the project, then I will have the same problem.

     C. If I wait until April 2015 and apply for the fresh H1B, they may deny saying you already have an H1B. Just amend the        existing one.

 

2. Should I just go to Jamaica for stamping without amending the H1 reflecting J1 waiver? I might get away as they may not even be aware of such case, even if they ask, I can show them the waiver.

 

Any guidance would be greatly appreciated?