HELP! J1 to H1B

H

hopefulH1B

Registered Users (C)
Hello, can anyone help with the following advice?
I am in the US on a J1 visa which expires March 2007. My training is finished and my employer wishes to employ me for as long as possible - I am guessing I am presuming this is an H1B visa. I have heard that the 2007 quota is already full, can anyone tell me which months the year 2007 runs from until. Also, if my employer applies for an H1B for me now and my J1 visa doesn't expire until March 2007 - do I jeopordise my current J1 visa? Also, supposing I was successful with the H1B and my J1 expired in March next year and I had to wait for 2008 quota, would I be able to apply for a change of status to cover me until the H1 visa became available? I am NOT subject to the 2 year HRR. I was thinking about applying for permanent residency but I believe this would take even longer than H1B - is that correct?? I can't believe that the immigration service would ask us to leave the country for the time between J1 and H1, this seems to be a crazy and doesn't work in the favor of the US employer who has to implement this! My wife's employer would like to apply for her under EB3 category through the PERM system but as a "skilled worker" I believe there would be a wait for 5 years?? By the way we are both from the UK.
 
If you do not have US master degree, quota is already gone this year. Next time you can apply for H1 is April 2007 and start working in Oct 2007.
GC process for EB3 may take some time even though you were born in UK. if new law does not pass, EB3 for UK born may take up to 5 years or more.
 
To GOTPR?

Thanks very much for the information - I am glad to new application is for April 2007 not in 2008 - do you happen to know if I applied in April 07 ready to start work in October 2007 at what point between these two dates could my application be accepted (for H1B). My J1 expires in March 2007 and if my employer were applying a month later then it would seem crazy to leave the US and my job for a month! or even a few months!

Also, can you tell me more about where I can find information on the new law you mentioned? I have also been told that if the PERM online application is approved then that is the main obstacle towards eventual permanent residency, the actual application after this being almost a formality - does this sound correct?! Thanks again!
 
hopefulH1B said:
My J1 expires in March 2007 and if my employer were applying a month later then it would seem crazy to leave the US and my job for a month! or even a few months!
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J1 has grace period. if you applied for H1 during J1 period(including grace period), you can stay in the US AS LONG AS H1 PETITION IS PENDING, but you can not work during this period.
Also, can you tell me more about where I can find information on the new law you mentioned? I have also been told that if the PERM online application is approved then that is the main obstacle towards eventual permanent residency, the actual application after this being almost a formality - does this sound correct?! Thanks again!
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No, PERM is easiest part nowaday if your employer is good and stable. Real tough part is I-485 which is final application toward GC in terms of waiting time.
you can find it in regrogression section on this forum.
 
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