J1 Status and Duration

[manish.nath]

Hi,

I am on a J1 visa since July 2012. My visa is valid till Jan '14 . 

 

1.Do I need to file for a J1 extension ( I do not know if I am eligible for it but I think its related to the kind of work - I am software design trainee)

 

2.If I am not eligible for an extension is it the right time to file for a waiver and apply for H1 or is it too late now? 

 

3. If my employer is ready to sponsor my H1 - Will it be a new H1 application or a J1 to H1 convert , also what are the timelines for J1 to H1 convert ? 

 

4. Is it possible for me to get a waiver and a H1 in the duration I have left in the US ,around 6 months , and continue my stay?

 

Waiting for a response from the experienced :)

Thanks,

Manish

[manish.nath]

Dear Attorneys,

It would be great if you could respond to this query.

Also I have an additional question - Can J1 be converted to L1 if the employer is willing to do it.

Thanks,

Manish

[t75]

If you need an attorney to respond. you need to pay him/her.

[jairichi]

(1) A person can be in J1 visa for a maximum of 5 years. The employer has to extend your status if you want to remain in J1.

 

(2) If you get a waiver and if your employer is a non-profit organization they could file a H1B petition for you anytime. But, if it is a for profit company they could apply only by 1st April 2014 with a start date on or after 1st October 2014

 

(3) It will be a new H1B application. You can get the decision within 3 weeks in premium processing.

 

(4) Getting a J1 waiver documents from India takes a minimum of 4 months to a year plus