Hi everyone
I've been doing some research about my particular situation and I find this site very helpful. However I still have some doubts about my case. I hope you can help me.
I am J-1 holder subject to the 2 HHR. I've been here as a trainee for a year and a half. My visa expires this March, 29th. I didn't have plans to stay in the US. But some weeks ago I found a company very interested in filing for a H1 visa. I know I have to get a waiver in order to be elegible to get a H1 visa and I know I can't file for change of status, but my questions are:
1. If I go back to my country once my J-1 visa expires and my future employer files for my H-1 visa this April, at what point will I need the waiver?I read in this forum that the employer can file for the H-1 visa without the waiver. And that I will only need it once the petition is approved and I have to get the visa stamped in my passport, which will happen months after the application. Is this true?
2. I also have a B1 tourist visa until the year 2011. I've read some somewhere that once I got the J-1 visa issued my tourist visa was automatically void ( the consulate didn't stamp or put any statement on my B-1 visa). Some other people say that is not true. That my B1 tourist visa is still valid. I just want to make sure so if I need or decide to come back to the States after my J1 expires I won't have any problems.
3. Can I apply for a J-1 waiver just weeks before my J-1 visa expires? Will the application be valid? I am not planning on staying in the US out of status. I want to comply with all the laws and regulations.
I'd really appreciate any advice and help you can give me. I'm running out of time!!!
I've been doing some research about my particular situation and I find this site very helpful. However I still have some doubts about my case. I hope you can help me.
I am J-1 holder subject to the 2 HHR. I've been here as a trainee for a year and a half. My visa expires this March, 29th. I didn't have plans to stay in the US. But some weeks ago I found a company very interested in filing for a H1 visa. I know I have to get a waiver in order to be elegible to get a H1 visa and I know I can't file for change of status, but my questions are:
1. If I go back to my country once my J-1 visa expires and my future employer files for my H-1 visa this April, at what point will I need the waiver?I read in this forum that the employer can file for the H-1 visa without the waiver. And that I will only need it once the petition is approved and I have to get the visa stamped in my passport, which will happen months after the application. Is this true?
2. I also have a B1 tourist visa until the year 2011. I've read some somewhere that once I got the J-1 visa issued my tourist visa was automatically void ( the consulate didn't stamp or put any statement on my B-1 visa). Some other people say that is not true. That my B1 tourist visa is still valid. I just want to make sure so if I need or decide to come back to the States after my J1 expires I won't have any problems.
3. Can I apply for a J-1 waiver just weeks before my J-1 visa expires? Will the application be valid? I am not planning on staying in the US out of status. I want to comply with all the laws and regulations.
I'd really appreciate any advice and help you can give me. I'm running out of time!!!