Gap between J1 to H1 conversion

K

kumar_yl

Registered Users (C)
I am on J1 which is going to expire im July. I got a waiver and applied for H1 through a company. I am expecting H1 which will have an approval date from October 1st 2007. So my company says since I will have a gap of 2 and half months, I should go to India get the stamping done and come back on october 1st. I would like to know two things
1. Is there any possibility or any way by which i can stay back here with out going back to India and
2. I have a job offer from a public school which asked me to join the duty from 1st august, so will the USCIS give me permission to work before october 1st if I request them?
Please answer me. Awaiting for your quick response.
 
is a public school sponsoring your H1? if yes, I do believe they are not subject to quota and you may start on H1 on August 1.

if not, then you can't work unless you are on academic training for your J-1.

It'd be nice to have details, because it's hard to help without them.
 
Hi all, Thanks for the suggestions. Right now I applied for H1 through a company and a not through a public school. But the public is willing to offer me contract letter through that company from August 1st. Since mine is J1 tranfer to H1 through a company is there any possibility for me to start working from August instead of October. Can I request the USCIS to get the permission to start from August based on the contract letter from the public school? Thanks for the suggestions and eagerly waiting for the response.
 
what is your J-1 category? what exchange program are you participating in?

if the public school applies for H1 for FY2007, and it gets approved, then you can start working in August.
 
Gap Between J-1 To H-1b

Respected Sir,

As of now right now i am on a j-1 status and already applied for a j-1 waiver two weeks back and my j-1 expires on January 2008, Moreover, my future company is ready to sponsor me for an h-1b and willing to hire me for my start date as of October 2008. So my question is, on what status will i be from my expiry date of j-1 i.e. January 2008 to start date of october 2008.
I am in really curious about this time gap and would expect a reply on this please asap...

Thanks,
ABHAY
 
abhayparmar said:
Respected Sir,

As of now right now i am on a j-1 status and already applied for a j-1 waiver two weeks back and my j-1 expires on January 2008, Moreover, my future company is ready to sponsor me for an h-1b and willing to hire me for my start date as of October 2008. So my question is, on what status will i be from my expiry date of j-1 i.e. January 2008 to start date of october 2008.
I am in really curious about this time gap and would expect a reply on this please asap...

Thanks,
ABHAY
Click to expand...

There is a gap between you J (01/08) and your start day on H (10/08). If you stay in the US during that gap you will be out of status and in much trouble later on.
Since you already applied for waiver, then you can not extend your J to great extent unless:
1- Your current J sponsor extend your J for one or two years, so there will be an overlap between the J expiration and H start day.
2- The J extension is granted from the USCIS while your J waiver is still pending with the DOS (because if the waiver recommendation granted before the J extension approved, the J extension at that time will be denied).

To change/extend stay from one status to the other e.g from J to H, you should be in status and there should be an overlap (not gap) between the J and the H (and for sure the waiver in case of J visa).
 
Thanks for the quick and informative replies. I am on teacher exchange program and right now I applied for a transfer from J1 to H1 through a company and not through the public school. So, my question is can I work from August if I get a contract from that date given by the school district through the company.
 
So, my question is can I work from August if I get a contract from that date given by the school district through the company.
Click to expand...
no, the question is - which status will you be in starting in August and does it allow you to work.

2. I have a job offer from a public school which asked me to join the duty from 1st august, so will the USCIS give me permission to work before october 1st if I request them?
Click to expand...
what status are they offering you?
 
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