J1 with HRR to H1B

[kimvah]

Hi,

I am on a J1 visa with HRR. I have applied for the HRR waiver and I have got clearance from 2 departments in India. So hopefully, I will get the waiver.My visa expires in February 2007.

My question is that
a)since there is a public, non-profit social services that is partially funded by the state and federal govt willing to hire,can I apply for the H1B visa now?
b)Will i be counted in the 65000 cap?
c)Can I file it before or is there a specified time to apply for the H1B visa?
d) If so, can you tell me what is the process for the H1B visa?

Thank you,

Kim

 

[kimvah]

I made a mistake -actually my J1 visa expires in February 2006!

I will be grateful if someone can answer my questions. i seem to find no concrete answer elsewhere!

Thanks,
Kim

 

[LucyMO]

it doesn't matter when your visa expires. You cannot apply for a change of status or H1B visa until you get a waiver or at least a hard copy of the favorable recommendation from DOS.

 

[shankara21cen]

it doesn't matter when your visa expires. You cannot apply for a change of status or H1B visa until you get a waiver or at least a hard copy of the favorable recommendation from DOS.[/QUOT

Recently, SEVIS is enabled to extend J1 for 5 (five) years as per new rule, just check with your Responsible officer. Alternatively you can apply for premium processing O1 visa if you are PhD and have some research papers. Then after extending J1 or getting O1 approved and stamped going to Canada or home country, you can process for J1 visa wavier.