F-1 to H-1

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Owl_212e

Registered Users (C)
Ok first of all thank you very much supplying the info on FSA folks.

I am having another problem: even though it is well agreed here on the forum that going from F-1 (212e past) to H-1 is no problem, the company lawyer refuses to file unless I present a waiver. There are a couple of reputable firms that say they would do it for me. April 1 is near and I cannot expect more than 1.5 months before the quota is reached. Waiver could take another 2-5 weeks or more. Should I wait maybe 1 more week and try to talk to HR about switching my case to another lawyer that will file and offer to assume all the legal fees associated with the switch? I am new here and don't want to annoy people, but is sitting back and waiting really worth the risk of missing H-1 quota and falling out of status at the end of OPT?
Any advice is appreciated.
 
Owl_212e said:
Ok first of all thank you very much supplying the info on FSA folks.

I am having another problem: even though it is well agreed here on the forum that going from F-1 (212e past) to H-1 is no problem, the company lawyer refuses to file unless I present a waiver. There are a couple of reputable firms that say they would do it for me. April 1 is near and I cannot expect more than 1.5 months before the quota is reached. Waiver could take another 2-5 weeks or more. Should I wait maybe 1 more week and try to talk to HR about switching my case to another lawyer that will file and offer to assume all the legal fees associated with the switch? I am new here and don't want to annoy people, but is sitting back and waiting really worth the risk of missing H-1 quota and falling out of status at the end of OPT?
Any advice is appreciated.
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Are you subject to the 2 yr HRR or not? Changing from F to H has no problem unless you have 2 yr HRR from previous J, at that time it is a big problem and most lawyer don't want to carry a risk of denial of one of their petitions. If you are sure that you are not subject, apply for advisory opinion, it is relatively fast compared to the waiver. You can even apply for advisory opinion and waiver at the same time (see my signature). You just need the favorable recommendation to start the H process, which mostly will not be finally approved without the final waiver from the USCIS.
 
he is a subject, but changing status from F-1 to H1 is a loophole. He can't change directly from J-1 to H-1.
 
Thanks for all the replies. I am getting the feeling switching lawyers will be unavoidable. The lawyer now wants to include NOL in the H-1B filing package.
To me that seems like we might as well attach a sheet with size 48 font letters saying: "Please reject this application or send an RFE!!!" The other lawyer says it is OK to file as is and is willing to do it.
Also according to my consultation with 1 attorney if they do send an RFE and the waiver goes through. If we send the waiver in, they will see that the waiver is dated after the application for H-1B and will reject it.

This is unbelievable, you think you clear the big hurdle after getting degrees and finding a job, now this &*%*&^.
Comments/advice as always are appreciated.
 
Owl_212e, find a new lawyer, don't mention about your J-1 past, go with your current F-1 status and he'll submit your application with no problems.

LucyMO, you said going from J-1 to F-1 to H-1 is a loophole. Can someone do that and get an H-1B visa afterwards with no problems? Do you know any cases like that? Or is it the case that you can change from J-1 to F-1 to H-1 but you're basically stuck in the US?
 
no, you still cannot get a visa. The loophole is that you can change your status from F-1 to H1, even if you have HRR from a previous J-1, but you still cannot get an H1b visa. Basically - stuck.
 
metflex said:
Owl_212e, find a new lawyer, don't mention about your J-1 past, go with your current F-1 status and he'll submit your application with no problems.

LucyMO, you said going from J-1 to F-1 to H-1 is a loophole. Can someone do that and get an H-1B visa afterwards with no problems? Do you know any cases like that? Or is it the case that you can change from J-1 to F-1 to H-1 but you're basically stuck in the US?
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If you know that you are subject to the 2yr HRR (fund from your or US governments, skill list, medical education ……etc) do not turn around it. If you are in doubt that you are subject, apply for advisory opinion.
The point is that the H visa may be approved by mistake from the USCIS and as I understand it, the H is not our ultimate goal, every one want to apply for GC.
The GC is another story and, unlike the H, a good search will be done, and if discovered that you were subject and got an H, at that time you cannot say I do not know or this is the USCIS mistake. It is your responsibility to know that and by then you will be in much trouble.
 
no, you still cannot get a visa. The loophole is that you can change your status from F-1 to H1, even if you have HRR from a previous J-1, but you still cannot get an H1b visa. Basically - stuck.
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LucyMO, do you know this as a fact or are you just guessing? I mean technically you're not supposed to switch from F-1 to H-1 if you're subject to HRR from previous J-1. Obviously USCIS made a mistake and my question is how would a consulate know about your past more than USCIS? Any info you have on this would be appreciated.
The GC is another story and, unlike the H, a good search will be done, and if discovered that you were subject and got an H, at that time you cannot say I do not know or this is the USCIS mistake. It is your responsibility to know that and by then you will be in much trouble.
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Agreed, mmed but some people don't care about GC, they only care about 5-6 years of experience with H-1B.
 
adcyprian said:
LucyMO, do you know this as a fact or are you just guessing? I mean technically you're not supposed to switch from F-1 to H-1 if you're subject to HRR from previous J-1. Obviously USCIS made a mistake and my question is how would a consulate know about your past more than USCIS? Any info you have on this would be appreciated.

Agreed, mmed but some people don't care about GC, they only care about 5-6 years of experience with H-1B.
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The fact is; it is not allowed to change from J to H if you are subject to 2 Yrs HRR unless you you have waiver. The USCIS may issue the H, as happened to many cases, by mistake. You may go to the consulate abroad and you can get a stamp or they may discover that you were subject and at that time you will be in much trouble. Do not forget that when you apply for visa stamp in the consulate you have to fill a form and write your history with US (and other countries) visits, what visa .......etc. I heared a story from one of the professors (he is citizen now) that he was on H after he got a waiver from the J. He went to india to get H stamp and was asked to show the waiver.
 
Couldn't switch...HR didn't allow. So now basically the following all has to happen for me to get H1.
1) I have to be one of the 43% lucky applicants
2) USCIS would have to approve it directly or send an RFE
3) If RFE is sent, DOS would have to approve the waiver by then
4) The USCIS would have to accept the waiver dated after the original application


Question: If my H1 petition was filed under regular cap, yet qualifies for advanced degree cap, and it doesn't get randomly selected, would it be auto-rerouted to the advanced degree cap, or rejected?

I am getting an eb-2 NIW application underway. I am not going out like that.
 
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