JI to F1 to H1

[venom]

came in on J1 ( subject to HRR- but did not apply fo waiver) went home, changed to F1, can I apply for H1, get the approval, then waiver after. reason being by the time I apply for waiver my F1 stats would expire. I heard that there is a loophole to go from F1 to H1 without fulifill HRR requirement, the only drawback is permanent residence.

 

[hadron]

People used to slip through the cracks with this type of deal. And given the perennial state of confusion at USCIS and DOS, I wouldn't be suprised if people still do. However, by using a visa you knowingly obtained through a mistake on their side, you put yourself into a difficult position if the goverment finds out about their mistake later on (either when you apply for permanent residency or when you try to re-enter the US after that skiing trip to Whistler,BC).