garymurphy18

Hi There,

I am coming to the end of my 18 month J1 Trainee visa and I'm looking to stay in the US more permanently. If I am offered a job and fall in to the 'speciality occupation' am I able to apply from for the H1-B visa from the US? I have read about the 2 year home residency rule but I don't have that stamped on my passport or DS-2019.

I Would appreciate any advice as I'm kind of confused from all the reading.

Cheers!

Gary

meauxna

Is this the same job you discussed in your past thread?

Someone in this equation needs an immigration lawyer.

Sticking to your post.
You may be able to "change status" inside the US, from J-1 to H-1B, however it doesn't sound like the timing would work out for you. There are no H-1B numbers available to start working until October 1. If your J runs out next week, you have nothing to bridge you over.

A change of status also is that and only that. You can not get a visa inside the US. If you did a change of status, and departed the US, you would have to get a visa outside the US before you can return. This is often called 'visa stamping' or 'getting a visa sticker'.

If you and your J-1 are from the UK, you probably don't have the 2-year HRR.


It sounds like you could really use a consultation with a lawyer to uncover the options to get that job and stay in the US.

Bob

Definitely want to talk to an experienced immigration lawyer who knows the work side of things to talk about strategies and timings as you don't want to be out of status and you probably don't want to be land locked.

I had a former work colleague who was in this situation a few years back. She ended up deciding to do a masters and did a change of status to F1 to get more time in the US because there was going to be a gap between J1 and being able to get the H1 from the employer, so they pulled the job offer and she went to study. That might not be an option because of the cost, it wasn't an issue for her though as her folks were loaded.

garymurphy18

Thanks for the advice!

My J1 Visa ends September 12th 2011 and I have 30 days to leave the country, so I just miss the October date.

Do you think it would be easier to go home and try for the H1 B visa from there?

Thanks again!

meauxna

Are you allergic to a business discussion with a professional?

Easier than what? You need more information than a forum can provide. Go get it!

Ray

the actual visa is only issued outside of the US