Re-apply J-1

[ellenzhang]

Hello!

 

I had been J-1 for 3 years before I got Waiver, then I transfered to F-1. Now I got an job offer. The employer wants to issue a J-1 again to me. My questions are:

1. Is that possible?

2. How likely will it be approved?

3. Do I have to apply for Waiver again?

4. Can I apply for H1B? How long it will take for approvement? Can I pay the premium process by myself?

 

Thanks a lot!

[jairichi]

Hello!

 

I had been J-1 for 3 years before I got Waiver, then I transfered to F-1. Now I got an job offer. The employer wants to issue a J-1 again to me. My questions are:

1. Is that possible?

2. How likely will it be approved?

3. Do I have to apply for Waiver again?

4. Can I apply for H1B? How long it will take for approvement? Can I pay the premium process by myself?

 

Thanks a lot!

1. Highly unlikely.

2. Refer 1.

3. If you get a J1 and you are subject to 2 years HRR then you need to again get waiver.

4. Employer can file a cap subject H1B in April. Even if it gets approved quicker you can start working only from 1st Oct. Yes, you can pay premium processing fee.

[ellenzhang]

Thank you very much for reply! The employer insists on J-1. If the J-1 application gets denied, can I change to apply H1B soon after J-1 gets denied? My employer is exempt from the cap. Thanks!

[jairichi]

 My employer is exempt from the cap. Thanks!

This is good news. I believe your employer is an university. It will not take much time for employer to find whether you can be on J1 or not after getting J1 waiver. If they cannot sponsor a J1 (which is most likely the case) they need to file cap exempt H1B petition.

[ellenzhang]

Thank you very much for your information!

[Atish82]

I know a person who completed her J-1 Program. She applied and received waiver with the Intent to go back on H-1B. But her employer (university) was not ready to sponsor H-1B and they again sponsored her on J-1 for the same exchange program she was previously on.