J1 to H1B conversion

[Luxero01]

Hello, I am business management profesional from Peru, and I have work experience in US, Spain and Peru, I found a company who want to hire me, this company has 40 employees, the owner of the company never hired international people so he want me to try and find which visa is the best for me. The job offer is entry level it requires international experience and bilingual.

Do you think is posible apply for H1B visa? The company only can ask for this visa in April? Only IT workers can apply for this?

[JoeF]

6 hours ago, Luxero01 said:

Hello, I am business management profesional from Peru, and I have work experience in US, Spain and Peru, I found a company who want to hire me, this company has 40 employees, the owner of the company never hired international people so he want me to try and find which visa is the best for me. The job offer is entry level it requires international experience and bilingual.

Do you think is posible apply for H1B visa? The company only can ask for this visa in April? Only IT workers can apply for this?

For an H1, the job has to require a 4-year college degree. And obviously, the applicant needs to have the required college degree.

Also, there is a quota for each fiscal year. The US fiscal year starts on Oct. 1. H1 applications can be filed up to 6 months in advance, i.e., for fiscal year 2018, starting on Oct. 1, 2017, applications can be filed from April 1 on. Start date is Oct. 1. In recent years, the quota filled within a week, but with a new President, it is not clear if that will happen in 2017 as well.

The owner of the company would have to discuss the case with a good immigration lawyer. It is not the task of the applicant to handle this. The application is the employer's application.

[Luxero01]

On 12/12/2016 at 8:17 PM, JoeF said:

For an H1, the job has to require a 4-year college degree. And obviously, the applicant needs to have the required college degree.

Also, there is a quota for each fiscal year. The US fiscal year starts on Oct. 1. H1 applications can be filed up to 6 months in advance, i.e., for fiscal year 2018, starting on Oct. 1, 2017, applications can be filed from April 1 on. Start date is Oct. 1. In recent years, the quota filled within a week, but with a new President, it is not clear if that will happen in 2017 as well.

The owner of the company would have to discuss the case with a good immigration lawyer. It is not the task of the applicant to handle this. The application is the employer's application.

Thank very much for your answer.

Yes,  the company will discuss with the legal area. But I would like to now which are my option also.

My last questions: It is possible work with J1 visa, then transfer for H1B with the same company? The dates for apply will be the same? 

[JoeF]

1 hour ago, Luxero01 said:

Thank very much for your answer.

Yes,  the company will discuss with the legal area. But I would like to now which are my option also.

My last questions: It is possible work with J1 visa, then transfer for H1B with the same company? The dates for apply will be the same? 

J1 visas often have a requirement that the person works in his or her home country for 2 years after the J1. This is known as the J1 Home Residency Requirement (HRR). During that time, the person can not get an H1. It is sometimes possible to get a waiver.

[Jonny23]

Hi, I was meaning to ask about the process in which I can change my status from J1 to H1B. I am currently in contact with a company about a potential internship. So If it works I will be interning for 12 months in US right after my graduation. However, I am hesitating cause I do not want to spend 12 months in an internship if I cannot land a job in the end due to visa related issue.  So my question is If I got a real job offer in the end of this internship, from the same company or from another, can I just switch from J1 to H1B in US? If I can, would I still be subject to the cap and is there anyway that I continue to work in the gap period between my J1 visa end date and 1st of October (Assuming I got the H1B visa lottery)

I am looking forward to see your answers!

Best regards,

JJ 

[JoeF]

If the J1 has a home residency requirement (HRR), you have to go to your home country to serve that time. The law does not allow people who are subject to the HRR to get an H1 until the HRR is fulfilled or a waiver has been approved.

And of course, the H1 would be subject to the quota. Why in the world do you think otherwise?

[user7765]

Hi, I have J1 visa NOT subject to 2 years home residency requirement. I have been NON-Degree Student for 20 months and now have job offers both from profit and non-profit organizations.

I wonder if I can start any of these jobs and change my status to Academic Training or H1b, considering the fact that I heard that Non-degree students cannot stay more than 24 months including their Academic Training period.

Can I remain in the US and continue working or do I need to exit the country and apply for temporary work visa since I have 4 months left from 24 months of J1 visa and next H1b lottery is almost 11 months later.

Thank you very much in advance,