smiter Posted March 31, 2014 Report Share Posted March 31, 2014 Hello, Please help me with the following situation: Currently I'm working as Trainee on J1 visa (12 month contract). My visa and DS 2019 expires in June, 2014. I don't have 2 years rule. My company filled H1B for me (premium) 1. Will I be able to stay legally in USA from June to October if H1B will be approved without leaving the USA? 2. As I know - maximum duration of Trainee is 18 months. Can I extend my visa up to October (4 months) and then start working on H1B status? Link to comment
jairichi Posted March 31, 2014 Report Share Posted March 31, 2014 Hello, Please help me with the following situation: Currently I'm working as Trainee on J1 visa (12 month contract). My visa and DS 2019 expires in June, 2014. I don't have 2 years rule. My company filled H1B for me (premium) 1. Will I be able to stay legally in USA from June to October if H1B will be approved without leaving the USA? 2. As I know - maximum duration of Trainee is 18 months. Can I extend my visa up to October (4 months) and then start working on H1B status? 1. You have 30 days period from the date of expiry on DS2019 to leave US. 2. Max allowed time on J1 is 5 years. Only your employer has the right to extend it. Link to comment
t75 Posted March 31, 2014 Report Share Posted March 31, 2014 Do you have 2 year HRR? Certainly discuss your options with HR Link to comment
jairichi Posted March 31, 2014 Report Share Posted March 31, 2014 It is better to ask an advisory opinion from DOS to be sure that you are not subject to 2 year HRR. Link to comment
smiter Posted March 31, 2014 Author Report Share Posted March 31, 2014 No, I don't have 2 year HRR. Any idea what will be happen if I extend my J1 for 6 months more(to the maximum period) and J1 will overlap h1b? Would I be able to stop working on J1 and start working on H1B right after 1 of October? Link to comment
jairichi Posted April 1, 2014 Report Share Posted April 1, 2014 No, I don't have 2 year HRR. Any idea what will be happen if I extend my J1 for 6 months more(to the maximum period) and J1 will overlap h1b? Would I be able to stop working on J1 and start working on H1B right after 1 of October? If employer files your H1B petition as COS then after approval you automatically move to H1B from 1st Oct. Link to comment
t75 Posted April 1, 2014 Report Share Posted April 1, 2014 YOU cannot extend; your employer must do so. Link to comment
smiter Posted April 1, 2014 Author Report Share Posted April 1, 2014 If my employer will extend my j1 visa for 6 months more until December and I will get approval for the H1B from another employer: Will I be able to stop working on J1 for my current employer and start working on H1B at October on another employer? Link to comment
jairichi Posted April 2, 2014 Report Share Posted April 2, 2014 If my employer will extend my j1 visa for 6 months more until December and I will get approval for the H1B from another employer: Will I be able to stop working on J1 for my current employer and start working on H1B at October on another employer? Yes, provided you do not have contractual obligations with J1 employer. Link to comment
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