J1 to H1B Transfer

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Old Dec 24th 2003, 2:03 am
  #1  
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Default J1 to H1B Transfer

I work as a postdoctoral researcher on J1 visa with a university. I am willing to change my visa to H1B and take an Industrial position. I have applied for J1 visa waiver under 'No objection to Return Home Country' clause and my current case status is 'Pending'. I am expecting review board’s recommendation by the end of February 2004 and provided I get a favourable recommendation, my university is ready to sponsor me for H1B.

My question is- Can another potential employer instead of my current employer sponsor me for H1B immediately after a possible favourable recommendation? Or my case must be processed through my J1 visa sponsor, and then once on H1B, I need to apply for H1B transfer?

Many Thanks
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Old Dec 25th 2003, 1:35 pm
  #2  
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Default Re: J1 to H1B Transfer

Originally posted by newuser
I work as a postdoctoral researcher on J1 visa with a university. I am willing to change my visa to H1B and take an Industrial position. I have applied for J1 visa waiver under 'No objection to Return Home Country' clause and my current case status is 'Pending'. I am expecting review board’s recommendation by the end of February 2004 and provided I get a favourable recommendation, my university is ready to sponsor me for H1B.

My question is- Can another potential employer instead of my current employer sponsor me for H1B immediately after a possible favourable recommendation? Or my case must be processed through my J1 visa sponsor, and then once on H1B, I need to apply for H1B transfer?

Many Thanks
Once the waiver is obtained, another employer could sponsor your H-1B. It is an ethical question though, if your current employer became aware of your intentions, they would likely fire you. I certainly would.
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Old Dec 26th 2003, 1:16 am
  #3  
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Default Re: J1 to H1B Transfer

Originally posted by JulianB
Once the waiver is obtained, another employer could sponsor your H-1B. It is an ethical question though, if your current employer became aware of your intentions, they would likely fire you. I certainly would.
I am with them for very long time and do have very cordial relations. They are aware of my inclination towards industrial position. I also value ethics and don't want to immediately transfer H1 if they sponsor it; hence the original post to know legal aspects. Thanks for your reply.
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Old Dec 27th 2003, 4:15 am
  #4  
Michael E. Piston
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Default Re: J1 to H1B Transfer

Any employer may petition for H-1B classification for you.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.

newuser <member19199@british_expats.com> wrote in message news:<[email protected]>...
    > I work as a postdoctoral researcher on J1 visa with a university. I am
    > willing to change my visa to H1B and take an Industrial position. I have
    > applied for J1 visa waiver under 'No objection to Return Home Country'
    > clause and my current case status is 'Pending'. I am expecting review
    > board?s recommendation by the end of February 2004 and provided I get a
    > favourable recommendation, my university is ready to sponsor me for H1B.
    >
    >
    >
    > My question is- Can another potential employer instead of my current
    > employer sponsor me for H1B immediately after a possible favourable
    > recommendation? Or my case must be processed through my J1 visa sponsor,
    > and then once on H1B, I need to apply for H1B transfer?
    >
    >
    >
    > Many Thanks
 

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