J1 transfer to H1B - please advise

C

copterfamily

Registered Users (C)
HI,
My husband and our family (j2 holders) came over to the states two years ago in August. Our Visa expires on August first, but my husband has been offered a job who state they will sponser his H1B visa. Only thing is - things are moving slow to set up the new job, and they won't apply for the H1B until he is actually employed (of course). What I am concerned about is timings.
We are not subject to the two year waiver. How long before the J1/2 expires do we need to apply for the H1 and do we have to leave the states at all?
I'd be grateful for any advice. :)
 
Generally you cannot work in the US without a valid visa and status. When your J-1 expires you are NOT allowed to work in the US, period. In fact, your employer is subject to sanctions if they allow you to do this. All new employees must fill out an I-9 form that indicates their legal work status. You will also find that your J-1 visa will not allow you to change employers or work for anyone else.

Your employer can apply for expedited processing of the H1-B for an extra $1000 fee (which guarantees that the application will be reviewed within 15 days). The problem is that the H1-B visa has a cap (only so many visas can be issued every year). The new quota starts in October which suggest that the cap may already be exceeded by the time you want to start in August.

Consider the following attorney-client exchange which is very similar to your case:

Q1 My colleague is currently on a J1 visa, but has a company that is willing to sponsor him for an H1. He is a mechanical engineer. For some reason the attorney he was using failed to file his case on time resulting in the H1 cap getting filled. He's been told that he must now wait until next April to apply and that he cannot begin working until the following October. Due to the time, the job he is being offered will not wait for him for a whole year. Is there any other way that he could possibly change his employment without jeopardizing his legal status?
A1 There is no other way, except if your friend were to work for an H-1 exempt organization or is extraordinarily qualified and could be eligible to receive an O-1visa.
 
stevphel
ok - majorly confused.
I know he can not work with a current visa status! maybe I did not make my question clear.
The new job is due to be set up in a few weeks. As soon as he is employed, his new company will apply for the H1b visa. I understood that if he already has the J1 the cap does not apply anyway.
Also - he's changed jobs three times whilst on the J1 - perfectly ok to do so by his sponser ( a school).
I am asking I suppose for time periods - how long from application to acceptance - and is it possible to stay as long as we have filed for the H1B. Can we stay in the states whilst waiting for the H1B assuming its before August - or must we go back to the UK to collect the new H1b?
thanks
 
ummm - so where is the advice? I know all this stuff already. Not meaning to be rude - but not one question I asked has actually been answered!
 
Yes, you are being being rude.

I am asking I suppose for time periods - how long from application to acceptance -
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I told you this - 15 days if you have expedited processing otherwise see normal H1 processing times on USCIS website.

and is it possible to stay as long as we have filed for the H1B.
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I also told you this. If you are out of status you cannot stay. If your J1 expires and your H1 is not approved YOU ARE OUT OF STATUS.

Can we stay in the states whilst waiting for the H1B assuming its before August - or must we go back to the UK to collect the new H1b?
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You can remain the US while you are adusting status from J1 to H1 as long as you remain in legal J1 status. When that expires you must leave!

thanks
 
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