J1 to H1B with 3 week problem gap

[visausagreen]

Hello - does anyone have any ideas? I am here with my wife on J1 and J2 visa's which expire Feb 07 so we have to leave the US on March 7th. My wife's employer has agreen to sponsor here through PERM which is processing, I am hoping we can get an approved I-140 before we are due to leave the US but there will still be a few years wait before a visa number will be available. My own employer (I am on my work experience part of the J1) wishes to sponsor me for H1B on 1st April this year. I am not subject to the 2 year HRR. I have a three week gap between 7th March and 1st April does anyone have any ideas how to remain in the US legally for three weeks? Thanks to anyone that can help. I am wondering if it is worth sending in the H1B application now in the hope that I will be able to remain working for my current employer.

 

[jk0274]

Ideas

I apologize in advance if this is not applicable, but here are my ideas:

1- I suppose it is not possible for your current program to extend your J-1?
2- Is either your or your wife's future employer subject to the H-1B cap? If so, I'm sure you are aware that you will be unable to start work before October 1, 2007 assuming you file on April 1.
3- If your wife works for an employer who is not subject to the cap (university or non-profit), and can file for her H-1B before April (premium processing will get it for you in 15 days), then you can apply concurrently for an H-4. You can't work, but you will be legally in the US until your own employer offers you your H-1B.
4- Alternatively, if both your employers are subject to the cap, can one of your employers agree to pay your salary while you conduct your research in a university of non-profit organization? If your cap-subject employer will agree, you can apply for a cap-exempt H-1B (i.e. right now) and work off location at a university until you are able to move to the employers own location on Oct. 1.
The reason I say this is that the H-1B cap applies to the "location" of employment, not the "source of funding" of the employment. You can get a cap-exempt H-1B if you work at a university or non-profit location, regardless of the source of your salary.

Hope this helps?