applying for j1 and h1b simultaneously

T

TheEnquirer

Registered Users (C)
hi,
i'm a canadian going to US for residency.

does anyone know what happens when filing for both visas - j1 and h1b - at the same time (because of the limited time available).

If j1 comes back first (i.s. DS-2019), can i choose to wait to receive h1b and then start residency with h1b?

Is it true that for as long as i do not claim the actual j1 visa stamp in my passport, the 2 year home return policy will not come into effect?

or
the receival of DS-2019 will automatically start the "2 yr-home-return rule" and my getting h1b afterwards will not be valid (usefull) anymore?

thanks,
Masha
 
> does anyone know what happens when filing for both visas - j1 and
> h1b - at the same time (because of the limited time available).

Does your hospital do H1b ? If yes, why bother with a J1 ?

> Is it true that for as long as i do not claim the actual j1 visa stamp
> in my passport, the 2 year home return policy will not come into effect?

The 2 year policy kicks in the second you acquire 'J1 status'. In the case of entry on a visa, that is the moment the immigration officer at the port of entry puts the 'admitted J1 D/S' stamp in your passport. If you do a change of status while in the US, it is once that COS is approved.

Again, this is my understanding of the rules, talk to an attorney if you want semi-official information.
 
Hi thanks for the reply

I am not sure of H1 since i dont have my step 3 scores. my hospital had said they will apply for both - for safety sakes......

hadron - can u pls elaborate on change of status while in US.


the hospital paralegal said its ok if u get approved for j1 visa - but the 2 year home rule will kick in only if u enter US with the visa.

Anbody please comment if u know anything on this subject!



hadron said:
> does anyone know what happens when filing for both visas - j1 and
> h1b - at the same time (because of the limited time available).

Does your hospital do H1b ? If yes, why bother with a J1 ?

> Is it true that for as long as i do not claim the actual j1 visa stamp
> in my passport, the 2 year home return policy will not come into effect?

The 2 year policy kicks in the second you acquire 'J1 status'. In the case of entry on a visa, that is the moment the immigration officer at the port of entry puts the 'admitted J1 D/S' stamp in your passport. If you do a change of status while in the US, it is once that COS is approved.

Again, this is my understanding of the rules, talk to an attorney if you want semi-official information.
Click to expand...
 
> I am not sure of H1 since i dont have my step 3 scores. my hospital had
> said they will apply for both - for safety sakes......

Ok, makes more sense. I wouldn't take a J1 just because the step3 score is 3 days late. You are going to bang your head against a concrete wall until its bloody 5 years from now for that decision. If the scores are hung up, talk to your residency to start a couple of weeks late to wait for the paperwork (file H1b as premium processing, takes 3-4 weeks, not longer than J1).

> hadron - can u pls elaborate on change of status while in US.

I believe it is form I539 (or somewhere in that ballpark). If you are here on a valid nonimmigrant visa and you have approval for a new visa (e.g. an I129), you can file for COS. That way, you can change from one category to the other without leaving the US. You can't do COS if you are here on a visa-waiver though (e.g. visa free travel between many european countries and the US).


> the hospital paralegal said its ok if u get approved for j1 visa -
> but the 2 year home rule will kick in only if u enter US with the visa.

I believe that she is correct.

Now you have the advice from a paralegal and a doctor. Probably nothing worse than that. You are about to make one of the most important decisions in your 'immigration career' to the US. Don't make that decision based on flimsy information, I implore you to get expert advice before you file anything for a J1.
 
I think what the paralegal and the hospital is asking you to do is to get the DS-xxxx form from ECFMG so in case you don't get the H1-B then you can go for J-1 ASAP. That will make sense, otherwise if you are in US and file for COS to J, when you get it you are subject to 2 yr home requirement regardless of having the visa stamp. The visa stamp gives you the right to cross port of entry, the "status" gives you the right to stay legally.
 
followup questionon DS-2019 form

hello a followup question.

lets say i get a DS-2019 form - Certificate of eligibility .......
and then I wait for few days and get my H-1 B papers alos and then use the H-1b papers to enter US to work.

Do i get stuck with the 2 yr - home country- requirement just because they issued the DS-2019 form - or I am NOT binded since I never used the form to enter US?!!!


any comment(s) appreciated
 
Only if apply for J-1 visa

In my opinion its only when you apply for J-1 and get it that the 2 yr requirement kicks in.
Come on H-1 by all means. You can start later than other residents if needed.

Check with your lawyer to be sure.
 
You get the HRR if you:
- enter the US on a J1 visa
- your 'change of status' to J1 is approved

You don't get the HRR by:
- filing for a DS2019 with ECFMG
- receiving a DS2019 from ECFMG
- applying and obtaining a J1 visa stamp at the US consulate

Acquiring 'J1 status' is what buys you the HRR.
 
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