J1 to H1, do I need to wait for waiver?
Apr 13th 2010, 2:24 am
#1
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J1 to H1, do I need to wait for waiver?
Hi,
I am a visiting scholar in institute in one of the colleges in US. I have a J1 visa till June 15 which has HRR. I got an offer here and they are planning to apply for H1. I am wondering that do they still file application for H1 without waiting for me to have J1 waiver? When I got the waiver, I could apply for status change.
I am a visiting scholar in institute in one of the colleges in US. I have a J1 visa till June 15 which has HRR. I got an offer here and they are planning to apply for H1. I am wondering that do they still file application for H1 without waiting for me to have J1 waiver? When I got the waiver, I could apply for status change.
Apr 13th 2010, 2:31 am
#2
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Re: J1 to H1, do I need to wait for waiver?
Hi,
I am a visiting scholar in institute in one of the colleges in US. I have a J1 visa till June 15 which has HRR. I got an offer here and they are planning to apply for H1. I am wondering that do they still file application for H1 without waiting for me to have J1 waiver? When I got the waiver, I could apply for status change.
I am a visiting scholar in institute in one of the colleges in US. I have a J1 visa till June 15 which has HRR. I got an offer here and they are planning to apply for H1. I am wondering that do they still file application for H1 without waiting for me to have J1 waiver? When I got the waiver, I could apply for status change.
Apr 13th 2010, 4:20 am
#3
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Re: J1 to H1, do I need to wait for waiver?
Are you absolutely sure you can get the waiver? If not, it's a pretty risky move on the company's part to spend the money to file for H1-B, in case things don't work out. Are they aware of your J-1 Home Residence Requirement? Also, if your potential employer is an academic/non-profit institution, there's no annual quota and you don't neccessarily have to rush into filing a H1-B petition now. The filing for H1-B spots under quota just started for this upcoming fiscal year, and the quota hasn't been met yet.
Potential employer is an academic institute.
Apr 13th 2010, 12:09 pm
#4
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Re: J1 to H1, do I need to wait for waiver?
My concern for your case is EVEN IF you successfully file and get a H1-B approved, your waiver doesn't arrive until AFTER your J-1 Expire. Now I don't know if J Waiver is one of those things that once you file a petition, then it will be valid unless it's later on denied.
If not, then that means you'll overstay your J status before you will have a chance to adjust status to H1-B. Bear in mind that adjustment of status itself can take months. You probably should leave the U.S. before your J status expires, and apply for H1-B visa at a U.S. consulate/embassy overseas instead.
Apr 13th 2010, 12:36 pm
#5
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Re: J1 to H1, do I need to wait for waiver?
An Academic institution is exempt from the H1-B annual cap, so technically it can file for the H1-B petition anytime in the year. You should discuss your J-1 Waiver situation with them as well, so they're prepared as well.
My concern for your case is EVEN IF you successfully file and get a H1-B approved, your waiver doesn't arrive until AFTER your J-1 Expire. Now I don't know if J Waiver is one of those things that once you file a petition, then it will be valid unless it's later on denied.
If not, then that means you'll overstay your J status before you will have a chance to adjust status to H1-B. Bear in mind that adjustment of status itself can take months. You probably should leave the U.S. before your J status expires, and apply for H1-B visa at a U.S. consulate/embassy overseas instead.
My concern for your case is EVEN IF you successfully file and get a H1-B approved, your waiver doesn't arrive until AFTER your J-1 Expire. Now I don't know if J Waiver is one of those things that once you file a petition, then it will be valid unless it's later on denied.
If not, then that means you'll overstay your J status before you will have a chance to adjust status to H1-B. Bear in mind that adjustment of status itself can take months. You probably should leave the U.S. before your J status expires, and apply for H1-B visa at a U.S. consulate/embassy overseas instead.
What adjustment of status??
Apr 13th 2010, 1:44 pm
#6
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Re: J1 to H1, do I need to wait for waiver?
I meant to say change of status from J-1 to H1-B as the OP was thinking of doing.
Haven't you had one of those days when you were in a hurry and typed really fast and got things wrong?
Haven't you had one of those days when you were in a hurry and typed really fast and got things wrong?
Last edited by lifehouse51; Apr 13th 2010 at 2:36 pm.
