H1b after J1 status violation

amar_md

Registered Users (C)
Hi,

My J1 waiver application got approved through Conard State 30 program.
My J1 expired on oct 1, 03.
My I 94 says D/S. So I have a status violation of about 100 days.
Now I am applying for H1b.

My question is

- Should I wait for the DOS approval and then apply for a change of status to H1b in Canada or Mexico ?
I will need to take a lawyer with me to the consulate.

OR

- Should I go back to India and get H1b stamped in N. Delhi?
This is less expensive and I will be able to apply for an H1b immediately, thus avoiding the H1b cap.

I am concerned that the Delhi consulate might give me a hard time regarding the status violation.

Thank you

Amar
 
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