J1 waiver approval

[psychmd7]

first question-
what does one do if they get their J-1 waiver approved in dec and they dont finish their residency until june?
i read that one has to apply for the H1B within 90 days of receiving the waiver. how does one complete their residency program considering that the DS2019 is valid until june 30? can a person have 2 status while in the U.S?

second question-
what does one do if they get their waiver approved after the H1B cap has been reached? are their any jobs except from the cap? if O-1 is not possible, what do they do?

third question
based on what, does one decide to file for NIW versus IGA waiver when sponsored by the VA?

 

[aKalingan]

Dear Friend
Either you are on j-1 visa, holdng a DS 2019 or you are holding H-1b Visa. After filing your H-1 b visa papers it takes a maximum of 5 days to get the receipt number. Upon getting your " H-1b receipt number " you are no longer a J-1 visa holder. Once you get the receipt number, " Pending Approval " you can continue working on that H-1 visa.

Post-doctoral research jobs in Universities are exempted from the H-1b visa (65k) cap. Any time during your 3 year J-1 visa period you can apply for a change of visa status to H1 or F1, provided you are holding the J-1 Waiver from USCIS in hand which usually takes a year to get.

If you do not have a J-1 waiver there is no way you can change it to any other visa.

Kalingan@yahoo.com