J1 visa to either J2 or H1B

[laura.m.greene]

Hi,

I'm here in the US on a trainee J1 visa for 1 year. The organisation I am working with would consider making me an employee but dont have any idea where to start. I'm just wondering does anyone know the answer to any of the following:

What is the visa waiver that people are talking about on the threads and how would I know if I have this or not?

If my employer did sponsor me and apply for a H1B visa for me would I have to return to my home country while this is being applied for and wait there until it is approved and how long does this process take?

I read on another site that an employer can only apply for a H1b visa in April.is this true?

My boyfriend is also on a J1 visa but his is for 3 years. we will be getting married in the next year so could i apply from the US for the J2 visa and how long does this take?

I would really appreciate it if anyone has any information on any of this or even the phone number of a government agency that can tell u the answers to these kinds of questions.

Thanks,

laura

 

[henrikky]

you should apply for a visa at the nearest embassy/consulate office in your home country. You must receive a waiver if you wish to change your nonimmigrant status from J1 to H1B without returning home.

If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K, or to immigrant or legal permanent status until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.

A J-1 visa /DS 2019 or IAP 66 form will have a statement in the bottom left hand corner of the form, as follows: “Bearer is or is not subject to section 212(e). Two year rule (does or does not) apply (name of country).

 

[henrikky]

Hi,


My boyfriend is also on a J1 visa but his is for 3 years. we will be getting married in the next year so could i apply from the US for the J2 visa and how long does this take?

The spouse and children can also apply for visas after the principal applicant has already traveled. In general, they must present the following:

* Form DS 2019, SEVIS generated, and approved by the sponsor
* Proof that the principal applicant aka your husband (the person who received the DS-2019 or IAP-66) is maintaining his/her J visa status
* Copy of the J-1's (principal applicant's) visa
* Proof of relationship to the principal applicant
* Proof of sufficient money to cover all expenses in the U.S.

Spouses and children of exchange visitors may not enter the U.S before the primary exchange visitor enters for the first time.

 

[mmed]

If your husband is on J1 and finished his program to its end (3 years for example as you mentione), then he can NOT get J2 unless he stayed in home country for 2 years, get waiver from this requirement or is not subject to the 2 year home country requirement. The immigration prohibit J1 and J2 visa holders from switching from J1 to J2 or the reverse to get around the 2 year home country requirement.