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From J1 to H1B, or extension of J1

From J1 to H1B, or extension of J1

Old May 24th 2001, 12:18 pm
  #1  
Matt
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Hi, I have some question concening H1B and extension of J1. I'm working at a
University on a J1 visa expiring at the end of September. After that, I'm looking for
a job in some private company, for which I will need an H1B (i'm not subject to the
two years rule). My questions are:
1. What is more convenient of the two options below?
a. ask for a six-months extension of the J1 while I'm looking for a job, and then
find a company that sponsors an H1B
b. ask the university to sponsor an H1B after September (they have agreed to do
that) and then find a company that sponsor another H1B
2. Is having already an H1B an advantage or disadvantage when looking for a company
sponsoring an H1B?
3. Is there any way to transfer an H1B from a company to another?
4. What is the procedure to ask for an extension of the J1 and what is the maximum
extension possible? (it used to be six months) Thanks a lot.
 
Old May 24th 2001, 12:47 pm
  #2  
Sylvia Ottemoeller
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Matt wrote:

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Probably b.

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A big advantage, because you and the new employer can take advantage of H-1B
portability. See http://shusterman.com/s2045txt.html, Sectoin 105.

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It is not called a transfer. It is a new H-1B petition, asking for a change of
employer. It involves just as much paperwork as the first H-1B petition. However, you
can start working before the petition is approved, under some circumstances.

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You must follow the instructions of the J-1 specialist in your international office.
The international office will eventually issue an IAP-66 for an extension of 6
months. Basically, your department must write a letter saying that you are almost
done with your project, but not quite, you just need six months, and that will be all
you need, and you absolutely intend to return to your home country at the end of the
six months.
 
Old May 25th 2001, 12:17 pm
  #3  
Matt
Guest
 
Posts: n/a
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Thank you very much for the answer. I was wondering if you or someone else can help
me further. I was just told by my university that if we apply now for an H1B visa it
will take six months to get it (before they had told me four months). Since I have
less than six months left on my J1 visa, they also told me that I would need to
apply first for the 6-months exceptional extension of the J1 visa. Furthermore, they
say they cannot file an H1B petition before I obtain the exceptional extension of
the J1 visa.

All this seems strange to me:
1. is it true that it takes six months to get the H1B if they petition now? My
understanding is that the time is much less than 6 months for private companies.
Is it longer because it's a university?
2. is it true that they can't petition for an H1B before I have the exceptional J1
extension?
3. if the answer to 2 is yes, do I have to go out of the country to have the
exceptional extension stamped on my passport before they can petition for the H1B
?
4. how easy is it to get the exceptional J1 extension? how long does it take?
5. Does all of the above applies to a company too? I mean: suppose I find a company
that wants to file an H1B petition for me now. Is this likely to be approved
before my J1 visa expires on September 30? If not, and if I then apply now for the
exceptional extension of the J1, is it true that the company cannot file the H1B
*before* I get my J1 extension?
6. If either the university or a company files an H1B now, will this fall under the
cap? Thanks a lot.

Sylvia Ottemoeller <[email protected]>
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[usenetquote2]> > Hi, I have some question concening H1B and extension of J1. I'm working at a[/usenetquote2]
[usenetquote2]> > University on a J1 visa expiring at the end of September. After that, I'm looking[/usenetquote2]
[usenetquote2]> > for a job in some private company, for which I will need an H1B (i'm not subject[/usenetquote2]
[usenetquote2]> > to the two years rule). My questions are:[/usenetquote2]
[usenetquote2]> > 1. What is more convenient of the two options below?[/usenetquote2]
[usenetquote2]> > a. ask for a six-months extension of the J1 while I'm looking for a job, and[/usenetquote2]
[usenetquote2]> > then find a company that sponsors an H1B[/usenetquote2]
[usenetquote2]> > b. ask the university to sponsor an H1B after September (they have agreed to do[/usenetquote2]
[usenetquote2]> > that) and then find a company that sponsor another H1B[/usenetquote2]
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[usenetquote2]> > 2. Is having already an H1B an advantage or disadvantage when looking for a[/usenetquote2]
[usenetquote2]> > company sponsoring an H1B?[/usenetquote2]
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[usenetquote2]> > 3. Is there any way to transfer an H1B from a company to another?[/usenetquote2]
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[usenetquote2]> > 4. What is the procedure to ask for an extension of the J1 and what is the[/usenetquote2]
[usenetquote2]> > maximum extension possible? (it used to be six months)[/usenetquote2]
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Old May 29th 2001, 6:20 am
  #4  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default

Matt wrote:

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This is reasonable. Processing times have increased recently.

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In California, six months is reality for all employers. Well, maybe five months.
Getting the prevailing wage determination can take 3 weeks or more, from the
California SESA (state employment service agency, in California called "EDD"). This
time can be cut down by the employer's use of an "independent authoritative source"
for wage information, generally a published wage survey that costs money.

Then the employer must get an approved LCA. This is taking a month or so right now
because of problems with DOL computer software.

Then the employer's petition is filed with INS. Three months is a good processing
time right now for an H-1B petition.

If you are willing to go off the payroll after the J-1 expires and before the H-1B
petition is approved, you could have them get started on the H, and not request the
exceptional extension. Your stay in the U.S. is authorized (as long as INS receives
the I-129 petition, asking for a change of status, before the J expires), but your
employment is not authorized until the H-1B petition has been approved.

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They could start the H process with prevailing wage and LCA, but they really should
not. To get the exceptional J1 extension, the university has to say that they really
do not need you after the extra 6 months of J1 status expires, and that you really
really truly will go home after that. Then the university has to turn around and say,
"Gee, we thought he could go home, but something came up and now we want to keep him
for 3 years." Starting the H before the J extension is not a good idea.

And they actually cannot file the I-129B, requesting a change of status, until after
the J extension has been approved, if they plan to do the J extension.

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No. The university effects the exceptional extension by processing Form IAP-66. Your
passport and I-94 are not affected.

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It's easy. The university may simply make the decision to do it. Now, they could be
audited later by the J Exchange Program, so I am sure they do not want to do anything
unreasonable.

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In California, I don't think so, but it's possible with some luck.

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The company can file an H-1B petition before you get a J-1 extension, but in the H
petition, the employer cannot request a change of status. The company can request
consular notification. This means that, even after the H-1B petition has been
approved, you will have to leave the U.S., get a visa stamp, and re-enter in H-1B
status, before you can start working for the company.

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If the university does, it will not fall under the cap, and if a company does, it
will fall under the cap. However, the cap is not going to be an issue this year,
most probably.

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[usenetquote2]> > Matt wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Hi, I have some question concening H1B and extension of J1. I'm working at a[/usenetquote2]
[usenetquote2]> > > University on a J1 visa expiring at the end of September. After that, I'm[/usenetquote2]
[usenetquote2]> > > looking for a job in some private company, for which I will need an H1B (i'm[/usenetquote2]
[usenetquote2]> > > not subject to the two years rule). My questions are:[/usenetquote2]
[usenetquote2]> > > 1. What is more convenient of the two options below?[/usenetquote2]
[usenetquote2]> > > a. ask for a six-months extension of the J1 while I'm looking for a job, and[/usenetquote2]
[usenetquote2]> > > then find a company that sponsors an H1B[/usenetquote2]
[usenetquote2]> > > b. ask the university to sponsor an H1B after September (they have agreed to[/usenetquote2]
[usenetquote2]> > > do that) and then find a company that sponsor another H1B[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Probably b.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > 2. Is having already an H1B an advantage or disadvantage when looking for a[/usenetquote2]
[usenetquote2]> > > company sponsoring an H1B?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > A big advantage, because you and the new employer can take advantage of H-1B[/usenetquote2]
[usenetquote2]> > portability. See http://shusterman.com/s2045txt.html, Sectoin 105.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > 3. Is there any way to transfer an H1B from a company to another?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It is not called a transfer. It is a new H-1B petition, asking for a change of[/usenetquote2]
[usenetquote2]> > employer. It involves just as much paperwork as the first H-1B petition. However,[/usenetquote2]
[usenetquote2]> > you can start working before the petition is approved, under some circumstances.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > 4. What is the procedure to ask for an extension of the J1 and what is the[/usenetquote2]
[usenetquote2]> > > maximum extension possible? (it used to be six months)[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > You must follow the instructions of the J-1 specialist in your international[/usenetquote2]
[usenetquote2]> > office. The international office will eventually issue an IAP-66 for an extension[/usenetquote2]
[usenetquote2]> > of 6 months. Basically, your department must write a letter saying that you are[/usenetquote2]
[usenetquote2]> > almost done with your project, but not quite, you just need six months, and that[/usenetquote2]
[usenetquote2]> > will be all you need, and you absolutely intend to return to your home country at[/usenetquote2]
[usenetquote2]> > the end of the six months.[/usenetquote2]
 

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