j1 visa to h1

This is true only if you are subject to the two year physical presence, correct?
Otherwise the change to H1 is straight forward?
 
maf2006 said:
just change ur status j1 to h1 with waiver. thats it
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I am on j1 expire 11 /2010 with 212e ,I-140 EB2 filed 10/2009. Got RFE ability to Pay 1/2010 (as attorney did not send tax return and instead sent not audit financial statement with the 140, then attorney responded to RFE with evidence (Company tax return) in time. Unfortunately, 140 were denied 3/2010 due to CIS claiming that RESPONSE TO RFE NOT RECEIVED although we did properly. Finally , Motion to reopen filed and pending since 3/2010. I don’t know when they will decide


Option 1 , I am trying to Get no objection letter from my country for j1 by may/2010 , then getting recommendation from DOS for a wavier based on NOL at July 2010, apply on part time H1B cap. Within (august 2010-October 2010) to have status while waiting for pending MTR,I-140 and later i-485.
1- What if the cap reached by October 2010, should I look for another H1B sponsor with non cap sponsor like university.
2-Can I apply now on H1B while pending wavier until 10/2010

your input is appreciated
 
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