J1 to H1B conversion

[shekar333]

Hello! I am an Indian student studying in Italy. I came to USA under J1 visa. My visa gonna expire on may 22nd, but I can stay in USA until the mid January with my DS2019 form as my hosting university has agreed to extend my program. Its clearly mentioned on my visa that I am exempted from 2 year home rule. Does it mean that if I get a H1B sponsor, can I work here? If I can work here, as per my knowledge, the US government issues the H1B visas in April. So if I apply for H1B in January 2016, how can I stay here for the remaining 4 months until my H1B get approved? (According to my DS2019 I have to leave by January 15 th,2016). Please help me with this problem. Thank You.

[Attorney_11]

Companies apply for H1B petitions in April for October 1 start dates, which is the first day of the government fiscal year. For the gap between April and October, individuals either continue doing what they were doing in the US (studying, working) if they are authorized to, or depart the US until they can come back in H1B status. It would be recommended that you speak to an Immigration Attorney with knowledge of J-1 issues to evaluate your matter thoroughly and discuss a personalized legal strategy with you.