jazzelle29

Hi All,

Well can you believe it...my employer decided that she liked my work as a J1 student so much that she filed for a change of status to H1B...and it was approved!

Really pleased. I now have 3yrs in the country to enjoy. The only sad thing is that I miss my pets and family back home, and as I am in a fairly low-paid job with minimal vacation time I will find it hard to return home.

I do have a couple of questions though?

1. Will I HAVE to leave the US to get my passport stamped or will it be done as and when I return home?

2. How would I look on changing my H1B to a green card?

3. Can the H1B be extended for any further length of time after the 3 yrs if needed?

Many thanks,

Claire

ian-mstm

I can't speak to your vacation time but, unlike a J-1, an H-1B must, by law, pay the prevailing wage in the industry. If you are making less than someone else who does the same job in the industry, you should make your employer aware of this so they don't break the law.


Your passport won't actually be stamped... and you don't have to leave the US. You just continue working... but you will be landlocked - meaning if you leave the US for any reason whatsoever, you must appear at a US Consulate to get the actual visa in your passport. That could take more than just a few days!


Your company must start the process on your behalf - you can't do it by yourself. If the company is unwilling to cooperate, it will never happen.


I believe an H-1B can be extended for a further 3 years (might be 4). Once you hit the maximum, you must leave the US for a minimum of one full year before being eligible for another H-1B.

Ian