J-1 Trainee to H1-B

W

weiss

New Member
I found a US employer who is willing to hire me as a trainee on the J-1 Trainee visa. He is also willing to file a H1-B for me ASAP so he will be able to employ me full time in case he finds me suitable for the positions available in October.
However, since one of requirements of the J-1 Trainee visa is that your employer will not train you to work full time, i am afraid the the USCIS will look suspisiously if the employer submit the H1-B petiton just 2-3 weeks after i have the J-1 Trainee status. On the other hand, if we will wait 2-3 months after my COS to J-1, the H1-B cap may be over...

I would value any feedback regarding the period of time since the COS to J-1 Trainee after which it is appropriate to file the H1-B petion to have good chances of it to be approved.

Thanks,

Andrey
 
you may have HRR based on your skills, and because of that you will not be able to change status. If you are from Russia or Ukraine, you don't have to worry about it, though, since there is no skills list for both of these countries.

if you don't have HRR, go ahead with H1B Cos, and don't worry.
 
Dear LucyMo,

Thanks for your response. I am not subject to HRR so i am not worried about that part. My primary concern is that i've heard that the Department of State is suspisious in regard to the J-1 Trainee Visas and i can be scrutinized at the embassy at my home country when interviewing for J-1. I've also heard that the DoS personnel is suspisious to any record showing that the status was changed in a 30-60 days period, i.e. if i change/apply for a change from J-1 to H1-B within 30-60 days period i can have hard times in embassies every time i need to renew/change my visa.

Have you encountered/heard about such issues?

Thanks a lot,

Andrey
 
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