whyyouwanna

Hi there guys.

Let me first update you on my situation.

Original I interned for a company for 12 months on a J1 visa. I returned to the UK last summer to complete my degree, which I finish this may 2013. The company I interned with wants to bring me back to the company as soon as I finish my studies.

The first plan was to return to the company on a J1 visa again, I am (not subject to the two year residence requirement). The company that sponsored me have informed that I can reapply for another J1 visa, which will start in october 2013. Then next april 2014 apply for a H1B, so when the J1 runs out in October 2014 the H1B shall take over.

Does anyone have any advice if there is a better solution than a J1 visa?

Orangepants

When do you get notice of your degree? If the quota is still available you could apply for a H1B then and have it for Oct 2013 but it is a risk as quota may be gone by July/August. Think they have a good solution already. You will also have more experience to add to the H1B petition.

Congratulations on being offered a full time position.

whyyouwanna

I obtain my results in June 2013. I was wondering would it be possible to apply for a H1B and show proof that I will obtain my results guaranteed this june.

Would that work?

Thank you Ornagepants

Orangepants

No you cant - I asked my lawyer about this regarding my Msc. You have to fulfill the criteria when the application is submitted. Look at the trends for fulfilling the H1B quota for the last couple of years - it may still be open in June this year when you are ready. Have the application ready (it may take lawyers a month or so to prepare the application) and then just add the degree stuff. I'd just get the J1 if it is the straightforward path unless you like taking risks..

ian-mstm

Certainly that was true the first time. While it will probably true the second time, there's no guarantee. You won't know for sure until the visa is granted.

Ian

whyyouwanna

Thanks for the help guys.

I plan to travel to America for three months starting in June with a esta to spend time with my girlfriend. Would it be ok to do this then leave beginning of September head home then start of October head back on my J1

civilservant

As long as you are elligable for VWP there is no reason why you cannot do that, be aware though that you might be asked further questions if you say you intend to do this as the PoE may determine you are attempting to live and work in the US without the appropriate visa.

Make sure you take proof of ties to the UK and evidence of why you must return at the end of the 88 days (never leave it to 90 in case of delayed flights, and its not 3 months)

whyyouwanna

Just recieve this email from intrax. Seems everytime I contact them theres a new issue to resolve.

(Dear Ryan,

Thank you for your inquiry!

If you plan to intern/train with the same host company as during your first program, please note that it cannot be a duplication of your first program but that you need to have further responsilities and further enhance your skills.
This needs to be reflected in your DS-7002 (internship/training plan).

Tourist stays in the US do not pose any problems with regard to J1 visa applications, as long as you do not enter/arrive in the 30 days prior to your J1 program start.
Please note, however, that Intrax does not support any status changes in the US, which means yo ucannot switch from J1 to HB status while being in the US. As the J1 Excahnge Visitor program requires you to return home to apply your newly learned skills, we require you to return home for a minimum of 90 days in between different visa prgorams.

Please let me know in case you have any questions.

Best regards)


Does this mean that I would not be allowed to apply for the H1B in 2014 while I am in America? Even though my J1 will have run out before the H1B is due to start.

Is there anyway around the 90 day rule. This may cause a serious problem for me and my future employment... to take 3 months off from working.

Does anyone have any solutions or recommendations?

civilservant

A visa is an entry document, you cannot receive an H1B visa from inside the US. You wouldn't be able to begin a 90 VWP visit without leaving the US anyway (if that was your intention, its a little unclear) since you would need to be stamped in at PoE.

whyyouwanna

You can indeed apply for a H1B while in the USA. Many of my colleagues did in the past. You have to return to your home country to get the stamp in order for it to take effect.

civilservant

So the answer was correct. You cannot receive the visa without return to your home country BECAUSE its an entry document.

whyyouwanna

Haha, i read to quick.

What they are saying to me if that I must return home after the J1 is expired for 90 days. However I wonder if this is just Intrax owns rules?

civilservant

If the J1 has expired, what right do you have to be in the US?

If you left the country and then attempted to enter on the VWP I dont see why you would be refused (Im not aware of any specific reason why you would not) although this is of course down to the officer at PoE.

whyyouwanna

This is not the issue. The is issue is (Please note, however, that Intrax does not support any status changes in the US, which means yo ucannot switch from J1 to HB status while being in the US. As the J1 Excahnge Visitor program requires you to return home to apply your newly learned skills, we require you to return home for a minimum of 90 days in between different visa prgorams.)

ian-mstm

Respectfully, Intrax is not the spokescompany for US immigration. Don't confuse their policy with what is actually allowable under US law.

Ian