J1 to H1B conversion

[pavan.chintapalli]

I have a current H1B sponsered by Company A which is valid until January 2014. I have plans to go to USA on J1 Visa during December 2013. Once I am in USA on J1 Visa, while studying can I initiate transfer of my H1B to Company B?

 

Once my H1B petetion is approved, can I continue to study and start working? In brief, can I initate a H1B transfer while I am on a J1 Visa?

[jairichi]

Yes, you can change your status from J1 to H1B if you find an employer willing to file a H1B petition. But, you have to be careful as sometimes J1 visa comes attached with 2 years home residency requirement. In that case you have to stay in your home country for 2 years before you could apply for any work based visa. As an alternative you can get a waiver of this requirement.

[pavan.chintapalli]

Can you please let me know the process to get this waived

[jairichi]

Can you please let me know the process to get this waived

Are you entering US on J1 visa as an exchange student and currently enrolled in an university in your home country?

Look at this website for waiver process.

http://travel.state.gov/visa/temp/info/info_1296.html

 

It would take anywhere between 3 months to 12 months plus to get a waiver.

 

If your intention is to work in US I would suggest you not to think about J1 but find an employer who is willing to give you a job, file a H1B cap exempt petition for you and upon approval enter US.

[puneetschdv]

I have similar situation. I will be coming to US on a J-1 visa and I checked that my sponsor is in approves j-1 sponsors list for internship program. After reading above post, I got worried about the home residency requirement.  I followed your link and I got this :

 

Home residency is applicable in following cases :

 

 

• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List​

I checked this list for India and checked that it is very comprehensive and contains so many categories. Country specific list for India is smaller than the master list which includes all categories.

 

 

Please tell me how can I find the specific category for which my sponsor is registered, so that I can ensure that this rule is applicable to me or not. I want to know this because I intend to study or take up a job in US after my internship but this condition can hamper my plan

[jairichi]

I have similar situation. I will be coming to US on a J-1 visa and I checked that my sponsor is in approves j-1 sponsors list for internship program. After reading above post, I got worried about the home residency requirement.  I followed your link and I got this :

 

Home residency is applicable in following cases :

 

 

• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List​

I checked this list for India and checked that it is very comprehensive and contains so many categories. Country specific list for India is smaller than the master list which includes all categories.

 

 

Please tell me how can I find the specific category for which my sponsor is registered, so that I can ensure that this rule is applicable to me or not. I want to know this because I intend to study or take up a job in US after my internship but this condition can hamper my plan

It is a grey area which can not be determined as such. When you go for stamping you may come to know. If not, worst case you will come to know when you request advisory opinion from DOS after you entered US on J1 visa.

[darkangean]

Hello, I am Angelica. I am reading this topic and I get some answers for my question but I am still confuse when I read some different articles.  

My status is, I am under J1 Visa and it will end this Nov. 1, 2015 and we are told to stay for 2 yrs in our home country just like what you said also. But what if I want to come back here in US for work, do I still need to apply for the waiver or wait for 2 yrs or I just need an employer here to petition me? 

 

I am looking forward for your reply. Thank you so much.

[JoeF]

You can't get an H1 unless the 2 years are over or you got a waiver.

[jairichi]

Hello, I am Angelica. I am reading this topic and I get some answers for my question but I am still confuse when I read some different articles.  

My status is, I am under J1 Visa and it will end this Nov. 1, 2015 and we are told to stay for 2 yrs in our home country just like what you said also. But what if I want to come back here in US for work, do I still need to apply for the waiver or wait for 2 yrs or I just need an employer here to petition me? 

 

I am looking forward for your reply. Thank you so much.

To move to H1B you need to either fulfill 2 year HRR or apply for a J1 waiver. Without that you cannot enter US with a H1B visa.

[darkangean]

Thank you. I wanna ask also, how can I get the step 3 in processing tha waiver. .which is the supporting document under no objection statement . . I'm from Philippines but I'm currently having my intern now here in US.

[jairichi]

Thank you. I wanna ask also, how can I get the step 3 in processing tha waiver. .which is the supporting document under no objection statement . . I'm from Philippines but I'm currently having my intern now here in US.

It is a No Objection Letter from your government of Philippines. Contact your consulate or embassy in US to get those details.

[bkb]

Hi,

I am from Nepal and being offered a J1 status as a visiting scholar to a University under the latter's own budget, nothing to do with the Federal Government budget or Nepal Government. Now, I was wondering whether the same rules as with other normal J1 would apply to me if I wanted to switch to H1 working visa before my J1 expires or not.

Many thanks.

[jairichi]

Hi,

I am from Nepal and being offered a J1 status as a visiting scholar to a University under the latter's own budget, nothing to do with the Federal Government budget or Nepal Government. Now, I was wondering whether the same rules as with other normal J1 would apply to me if I wanted to switch to H1 working visa before my J1 expires or not.

Many thanks.

If either your DS2019 or J1 visa is annotated that you are subject to 212(e) then you need to spend 2 years outside US or get a waiver.

[Aefe]

Hello, 

 

I'm from Bangladesh and currently working in a US university in J1 R visa ( research scholar ) which will expire in next December, 2015. The visa is not subject to section 212 ( E ) and hence, I'm not require to stay in home country for two years.

 

If any company willing to sponsor H1B ,  will I be able to convert from current visa status before  December, 2015 ? Thanks.

[jairichi]

Hello, 

 

I'm from Bangladesh and currently working in a US university in J1 R visa ( research scholar ) which will expire in next December, 2015. The visa is not subject to section 212 ( E ) and hence, I'm not require to stay in home country for two years.

 

If any company willing to sponsor H1B ,  will I be able to convert from current visa status before  December, 2015 ? Thanks.

Yes. But, if H1B company is a for profit organization you need to be cap counted. There is a cap limit each year on cap subject H1Bs from for profit organizations. The cap limit for this year has reached. So, an employer can file for you only in April 2016 with a start date in Oct 2016.

[Aefe]

If I understand it correctly, even if I find a company willing to sponsor H1B , the status  can only be started in October, 2016. I have  a question in this context : 

 

Will it be a possibility to convert J1( R ) to another non-immigrant visa ( say,  H 3 ) so I can stay and work in USA till October, 2016 and then , start working with H1B ? Thanks. 

[m.naeimirad]

If I understand it correctly, even if I find a company willing to sponsor H1B , the status  can only be started in October, 2016. I have  a question in this context : 

 

Will it be a possibility to convert J1( R ) to another non-immigrant visa ( say,  H 3 ) so I can stay and work in USA till October, 2016 and then , start working with H1B ? Thanks. 

Did you find sponsership?  The best solution is extension of your J-1 visa by your host university.

[m.naeimirad]

Hello every body

 

I am a J-1 visa holder (without 212E HR) as a PhD research scholar, currently in US until end of July 2016. I want to find a sponser for H1B visa to apply for H1B visa in April 2016. Most of the employers prefer US citizen or Green card holders. Do you have any recommendation for me how easy to find a sponsership?

 

I invited for interview in a company but It is very small and I dont think sponser a H1B visa.

 

Thank you guys

[jairichi]

Hello every body

 

I am a J-1 visa holder (without 212E HR) as a PhD research scholar, currently in US until end of July 2016. I want to find a sponser for H1B visa to apply for H1B visa in April 2016. Most of the employers prefer US citizen or Green card holders. Do you have any recommendation for me how easy to find a sponsership?

 

I invited for interview in a company but It is very small and I dont think sponser a H1B visa.

 

Thank you guys

You need to find an employer willing to sponsor a H1B or O1 visa (if eligible). It is kind of tough to find one in bioscience research field. Good luck.

[HighOnLife]

Hi I understand that J1 student if under 2 Yr home residency can apply for waiver of the same.

 

My question are

- After the waiver is granted, can the students then find a H1 sponsor and change status to H1

- Will such J1 students have to be subjected to the H1 cap/quota of 65k or will they not fall under this quota/lottery (similar to F1 students).

 

Thank you.

[jairichi]

Hi I understand that J1 student if under 2 Yr home residency can apply for waiver of the same.

 

My question are

- After the waiver is granted, can the students then find a H1 sponsor and change status to H1

- Will such J1 students have to be subjected to the H1 cap/quota of 65k or will they not fall under this quota/lottery (similar to F1 students).

 

Thank you.

1. Yes. For profit employer has to file a cap subject H1B petition in April and on approval you can start working from Oct 1st of that year.

2. If you have a Master's degree from a public or non-profit accredited school you still have to go under cap in advance degree quota.

[HighOnLife]

1. Yes. For profit employer has to file a cap subject H1B petition in April and on approval you can start working from Oct 1st of that year.

2. If you have a Master's degree from a public or non-profit accredited school you still have to go under cap in advance degree quota.

I am a doctoral student at a for profit university. So will I be eligible for the h1b advance degree quota?

[jairichi]

I am a doctoral student at a for profit university. So will I be eligible for the h1b advance degree quota?

No. The degree has to be from an accredited, public or non-profit school.

[HighOnLife]

No. The degree has to be from an accredited, public or non-profit school.

The university I am studying in is accredited by the Accrediting Commission for Senior Colleges and Universities of the Western Association of Schools and Colleges (WASC), a regional accrediting body recognized by the U.S. Department of Education and the same agency under which other prestigious California and western U.S. schools are accredited such as Stanford, USC and UCLA.

But I think it's a for profit. I hear even Stanford is for profit.

 

Does that change anything? I mean having accreditation? or the 'for profit' tag will still make me ineligible for h1b advanced degree quota? 

[jairichi]

The university I am studying in is accredited by the Accrediting Commission for Senior Colleges and Universities of the Western Association of Schools and Colleges (WASC), a regional accrediting body recognized by the U.S. Department of Education and the same agency under which other prestigious California and western U.S. schools are accredited such as Stanford, USC and UCLA.

But I think it's a for profit. I hear even Stanford is for profit.

 

Does that change anything? I mean having accreditation? or the 'for profit' tag will still make me ineligible for h1b advanced degree quota? 

For profit university degree is ineligible for advance degree quota.