Is there any problem in a transfer J1 => F1 => H1B ?

S

Simbo

New Member
(Sorry if you have already read this in a H1B thread -- wasn't sure where it should be :-( )
Hi all,
I am currently working on a J1 visa and my company is willing to sponsor me for a H1B. As this year quota is reached and that my current status is valid untill March 2006, I will have a six month "gap" (before October 2006) during which I am not allowed to work in the United States.

Since I would like to be in the US at the same company till October 2006:

1. Right after March 2006, can I register to a certificate program (at an University extension) under an F1 visa and do an unpaid internship at the company?

2. Can I then apply for a H1B visa for October 2006 without completing my certificate program?

3. After getting the H1B, resume work based on my previous degrees?

Thank you for any comment!

Simbo
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1. Right after March 2006, can I register to a certificate program (at an University extension) under an F1 visa?

If the University provides F-1 status for this certificate program - yes.

and do an unpaid internship at the company?

No. During the first year on F-1 you can ONLY work on campus.

2. Can I then apply for a H1B visa for October 2006 without completing my certificate program?
Yes

3. After getting the H1B, resume work based on my previous degrees? Yes
 
Thank you LucyMO for your help. :)
I also heard that it is very difficult to do a transfer J1 ==> F1, and that it requires to go out of the US and get an F1 stamp in the home country. Do you know anything about that? (I came in the US through an exchange program between my home university and a US one, and I am not subject to the HRR)
Is an UNPAID internship considered as work during the 1st year of F1? Does this mean that I won't be allowed to do it?
Thank you very much for helping me out. I really appreciate it. :)
Simbo
 
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if you are not a subject to HRR, you shouldn't have any problems changing status. Are you sure you are not subject? Where did your financing come from?

Yes, in order to get any job off campus, regardless of pay, you will need to spend an academic year in F-1 status and get a permission to work from your INternational center.
 
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