civilservant

I got that the first time around, and I'll repeat the question. If the J1 has expired then regardless of what you want to do you must leave the US as you have no legal status in the country. Also as already stated you would have to return home anyway to receive the H1B should you be approved, you would also need to leave the US to enter on the VWP after the expiration of the J1 if thats what you wanted to do. So where is the issue?

Or perhaps I'm just going mad

whyyouwanna

Im sorry, I didnt understand what you were saying before. Im in such a fluster with all this visa waffle. Im pulling my hair out I see what you now mean though.

It was my plan to return home for a few weeks before the H1B kicked in. I would like to get the stamp in the visa asap. I do alot of international travel with the company. So it would be needed.

I think that Im going to take my business else where other than Intrax. It seems they always have some form of an excuse. Does anyone have any recommendations for J1 sponsors.

whyyouwanna

So guys Ive been contacting around and so far I seem to be getting these answers of the sponsors. I ask them this:

In June 2011 I started a 12 month internship in the USA under a J1 visa. I returned home to the UK after the visa expired to complete my final year of studies. It is my intent and the company I interned with to return myself back to the USA on another J1 visa starting in October 2013. The plan is to apply for a H1B in April of 2014, so that when the J1 expires the H1B shall take its place in October 2014. Would this cause any concern? My original sponsors Intrax informed me of this:

These are the answers Im receiving:

Intrax (Please note, however, that Intrax does not support any status changes in the US, which means you cannot switch from J1 to HB status while being in the US. As the J1 Exchange 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 programs.)

Career Training USA (Unfortunately, your intent to stay in the U.S. Upon completion of a J-1 program does not align with the purpose of our program and we will not be able to assist you with J-1 visa sponsorship. Please see the following link for more information about other visas that you might find more suitable: http://travel.state.gov/visa/. It is against State Department regulations of the J-1 visa program to change visa status to an H1B, as the intent is to return to your home country upon completion of your program.)


Now I know there is many people in my situation who have converted from a J1 to a H1B. I really need some advice here, will all sponsors say this or is it just company policy for a select few of these sponsors?

Should I just apply for a J1 and not tell them of my intention to next year apply for a H1B?

Thanks guys.

Noorah101

Have you had a consultation with an immigration attorney with experience in J-1 and H1B cases yet? Sounds to me like this might be your next step.

Rene

civilservant

Who is going to sponsor your H1B?

whyyouwanna

The same company I am interning with.

ian-mstm

As noted earlier, their company policy does not reflect the actual law of the US. US law trumps whatever they say.


Again, the law does not reflect what you're being told. US law trumps whatever they say.

I'm not sure why you keep believing what either Intrax or Career Training USA tell you... they are both wrong.

Ian

whyyouwanna

Thanks you very much Ian. Im a worrier lol.

whyyouwanna

Why do all the Sponsors wish for the applicant to return after the J1 is completed. I dont understand their reasons for being so none negotiable?

ian-mstm

They want you to return and not bugger off, because the next person might just do that. They're banking on the fact that most people don't know the law.

Ian

Michael

The following is pure speculation.

It may be that at one time they may possibly got into trouble with USCIS and signed some "consent order" not to do that again but also to create procedures to stop the practice. When USCIS decided that their "new procedures" were acceptable, they signed off on the "consent order".

whyyouwanna

If there is anyone on the forum who has experienced changing status from a J1 to H1b can they please PM me. Id love there advice.

Thanks guys.

Noorah101

It's a bad idea to get immigration advice via PM, because if they give you wrong information, there's no one to come along and correct it.

Rene

whyyouwanna

Can anyone recommend a good J1 Sponsor, especially those who have changed their status from a J1 to H1b or other status.

I dont think I want to go with Intrax again, not after there feedback.

jeffreyhy

Not quite. It doesn't seem that the company's policy violates US law, it just imposes additional conditions of the company's own making. So the solution is - go with a different company.

Regards, JEff