J1 to H1B change of status: possible?

C

cand67

New Member
Hi everbody,

I am currently a post-doctoral student at University of California, San Diego, on a J1 visa, category "College and University student". I recently got a job offer from a San Diego company and this company is going to sponsor me for a H1B visa, 2007 quota (I would start working on October 1st 2007).
However I wonder whether it is possible to apply for a H1B visa while on a J1 visa. The company attorney claims that I could be deported if we start my application for a H1B visa while I am still on my J1 visa... I was astonished since I know people who managed to switch from a J1 visa to a H1B visa without any discontinuity, were they illegal in doing this?

Thank you very much for your advice, would it come from your personnal experience or from your attorney expertise!
 
first things first, being on J1, are you subject to 2yr HRR? cos if you are, u need to obtain a J waiver first
 
2007 H-1B cap already reached on May 26th, 2006. You will have to wait until April 1, 2007 to apply for H-1B and wait until October 1, 2007 to start working on H-1B.
 
Hey Nanodude,

I heard that people who get j visa waiver are not affected by the h1-b cap and can apply for H1-B anytime.
Is that true? Please clear my confusion.
Thanks.
 
J1 waiver does not do anything to get H1 quota.
if you have US master or higher degree, quota is still available.
 
If you were not on H-1B cap quota in the past 6 yrs, you are subject to the cap. And of course, H-1B at non-profit organizations are cap exempt.
 
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