J1 --> e1 / j1 --> o / j1 --> h1b

Madex

New Member
Hey everybody,

I've been reading trough different forums and threads and still have questions left, so I thought maybe you can help me out here.

Here's the situation:

II'm originally from Germany and I've been in the US as a Fulbright Grantee on a J1 Visa for the last year. Right now I'm doing my OPT, but only until April 1st and then I'll return home on April 29th. Now my OPT employer offered me a job and I'd love to take it, but I'm having some problems figuring out what kind of visa I can obtain to do so. As far as I know, I have different option.

Option 1) Applying for a J1 waiver and then apply for H1B visa. I'm aware that waivers are very rarely granted for Fulbrighters and even if they are, it takes almost a year to get it.

Option 2) Apply for a O visa. Honestly, I do not think that I qualify for that kinf of visa, even though the requirements for "Arts" are not as high as for "Business". I did my Bachelor in Germany, started my Masters here in the States but didn't finish it yet. I did some internships in different companies after my graduation and got excepted as a Fulbrighter, but that's mainly it. I do not have ny kind of published material and I understand that this is a critical part of the requirements for O visas. My OPT employer would be extremely supportive if I chose to pursue this option though.

Option 3) This is not very romantic, but my fiancée is on a E1 visa in the states right now (he's from Germany, too) and I guess if we get married earlier than planned, I could get a E1 spouse visa. The question there would be if I'm at all allowed to work on that kind of visa.

Option 4) Try to get an E1 visa from a different company in the States. I understand that companies that are owned 50% or more by a German can issue E1 visas. I would not be able to work for my OPT employer then, but I'll still be able to be here in the states.

I even thought about trying to get an E2 visa by opening up my own business in the states, but since I'm not able to invest "substantially" (I don't have anything close to $50.000) I think this is not really an option.

My question to you is: What Option do you think is the most promising one? Or do you have any other ideas how I could get some kind of non-immigrant visa to come back to the states and work here for a while.

The overall objective is to be able to get back to the states as soon as possible and stay (and hopefully work) here as long as my fiancée is on his work contract (end of 2010).

Maybe you can offer an opinion :)

Thank you and have a great day!

Christine
 
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