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what is immigration status between J1 expiration & H1b approval

Discussion in 'General J Visa and Related Issues' started by anarita, Jan 5, 2015.

  1. anarita

    anarita New Member

    Hi ,
    I am currently on J1 visa, which is expiring in 2 months. I have an offer in hand from a company who is ready to sponsor H1b visa for me. As per my understanding H1b is approved and stamping is done in October.
    Can i continue to stay and work in US when J1 expires and H1b is in process, what are my options.
    Thanks
     
  2. Lucy Furrer

    Lucy Furrer Member Staff Member

    Check if your J-1 has two year home residency requirement or not. If yes, you can not apply for H-1b unless you get J-1 waiver first.
    2. If you are lucky you'll get your H-1b approved in April, and then you can begin to work in Oct. There is Cap-Gap extension for F-1 , but seems no way for J-1.
    *******************
    A cap-gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the US during the "gap."
     
  3. NJP

    NJP New Member

    Hello,
    I am currently on J1 (Teacher Program) and my Visa ends in April 14 th 2015. I have a waiver for the 2 yr home country rule. My employer gave me 2 options 1. he can change my status to B visa and then apply for H1 on April 1 st. I dont know how that works as i have to take an extension for my B visa until my employment starts in Oct.
    2. He says he can find a new sponsorer for my J1 again and i need not leave the country. will i get a J1 for 3 yrs again? and if so will i be subject to 2 yr home country rule again? How about I go on a F1 visa? can you please advise. Thanks in advance.
     
  4. Lucy Furrer

    Lucy Furrer Member Staff Member

    You should not touch J-1 again if you want to get H-1b.
    F-1 is better.
     
  5. NJP

    NJP New Member

    Sir, does that mean if I go back on J1 it is not possible for me to go on H1 later or to any other Visa. Please guide me. Thank you
     
  6. Lucy Furrer

    Lucy Furrer Member Staff Member

    If your employer finds a new sponsor for your new J-1, you have to apply for another J-1 waiver before you can apply for H-1b on April 1. I guess time is not enough.
     
  7. NJP

    NJP New Member

    Hello Sir,
    I am thinking of going on J1 again. How soon can I start applying for a second time waiver. Will I be granted another waiver from USCIS. Thanks in advance
    NJP
     
  8. anarita

    anarita New Member

    Hi Lucy,
    Thanks for your response to my post.
    Please help advise -My J1 visa expires on March 29, 2015. Do i have to exit from US on that date or do i get some grace period after that to wind up things here.
     
  9. Lucy Furrer

    Lucy Furrer Member Staff Member

    J-1 usually has 30 days grace period.
     
  10. anarita

    anarita New Member

    In that case i can stay till April 29,2015
     
  11. hari12

    hari12 New Member

    Hi i am also in the same situattion now. can you tell me what you did to fill the gap between your J1 expiry and october?
     

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