J1 to HIB - PLEASE HELP!

[hopefulH1B]

I have previously posted this question on the H visa section of this site but no-one has been able to help! I am in the US on a J1 until Feb 07 - I am currently working as part of my J1 and my employer wishes to continue my emplyment through H1B. My question is that if my J2 expires Feb 07 (March 07 with the month for travel) and my employer cannot even apply until April - how can I remain in the US legally for this time? Also I have the question that the application for H1B asks to specify a start date - what start date should it be if I am already employed by the same employer? Many thanks to anyone that can help!

 

[GotPR?]

you need to have valid status after your j1 expiration, otherwise, your change of status from J to H will be denied.
Start date is with H1B employer. Even though you are employed by the same employer with J1 now, your H1 employment is different from J1 employment, therefore you have to put H1 start date. Earliest date you can put is Oct 1.

 

[hopefulH1B]

J1 To Hib - Help Needed - To Gotpr

Thanks very much for answering my post, I have made myself an INFOPASS appointment at my local USCIS office for help with the possible gap between visa's. Can I just check with you - in your answer you said I would have to keep a valid status otherwise by H1B would be denied and that the earliest date I could start work is Oct 1 - if my H1B is applied for now while I am on J1 status could it be approved for this October (2006) as I am already employed? Or, if it is next year's quota and I am legally allowed to stay in the US until March 07, and an H1B can be applied for on April 1st??? I have read on this forum that you can be legal to stay in the US while your H1B is pending, do you know if this is correct. Sorry to ask you so many questions but you are the only person to reply to my many posts!! Thanks

 

[GotPR?]

Can I just check with you - in your answer you said I would have to keep a valid status otherwise by H1B would be denied

Looks like I confused you. H1B petition won't be denied unless there is other reason. What will be denied is change of status if CIS considered you wouldn't have valid status on H1 start date you requested. It means you cannot change yoru status in the US. You have to go out, get H1 stamp and reenter the US, then you can start working for H1B employer.

if my H1B is applied for now while I am on J1 status could it be approved for this October (2006) as I am already employed? Or, if it is next year's quota and I am legally allowed to stay in the US until March 07, and an H1B can be applied for on April 1st???

The latter is correct. You can apply only after April 2007 and can start working as H1 holder after Oct 1 2007. H1 quota for this year has been already exhausted.
If you have valid status in April 1 2007(better to have a little more buffer time as it takes some time petition reaches authority), and filed H1B on that date, you can stay as long as petition is pending, However, as I mentioned above, if you could not show you were in legal status on Oct 1 2007, change of status may not be approved, and then you need H1 stamp before H1 job starts.

I have read on this forum that you can be legal to stay in the US while your H1B is pending, do you know if this is correct.

Correct.