How to convert J2 to h1b visa.

[rakesh1979]

Hi,

My name is Rakesh and I would like to ask you the fallowing

I came on J1 visa on 2007, november and my wife came on july 2008 on a J1 visa as well. My work permit expired on november 2008 but my visa in my passport is valid till 2012. I decided to apply for a J2 visa, ( dependent on my wife's visa) but the processe is still pending and my wife visa will expire soon, on July 2009.

In the meantime I applied for H1B visa and received a waiver regarding the 212E section. If I get my H1b visa can I continue to stay in US or i have to go back to my country and apply there for a stamp in my passport?

How does the process works in regards to actually receiving the stamp in my passport? Do I have to go back to my country and apply there at the local US consulate? Or I can apply here in US with State Department?

Thank you

 

[Concerned4us]

There is no stamping inside the US. You should get initial stamping in home country. Canada and Mexico no longer permit COS stampings for third country nationals.

If your application was filed and approved as COS, you do not need stamping unless you leave and wish to reenter the US.

If your wife's I-94 expires in July 2009, yours should as well. You will be illegally present after the I-94 date if it is before the H1B COS I-94.