Last 2 weeks of J1 waiver on H1B.

[eb2phy]

I am in a situation where my H1B after J1 waiver state 30 program was approved on 7/1/2004 but I received approval on 7/10/2004 and I started job on 7/15/2004. Do I need to extend my H1 for those 2 weeks if I decide to move to a new job. Can I take vacation for those 2 weeks, leave USA and return on new H1B or advance parole for new job. How can I get paid for those 2 weeks. I have EB2 NIW approval and EAD card. I was told by my lawyer that J1 waiver requires alien to be on H1B with first job for complete three years. Any input is appreciated. Thank you.

 

[hadron]

Just another way of USCIS to screw you out of another $2000.

This seems to be very common. Someone should tell all prospective J1 waiver docs to start their jobs on 8/1. You can stay 30 days past the J1 expiration without negative effect on your status. Somehow a lot of people run into that 2 week trap. You need to be 'in h1b status' for 3 years, they seem to be pretty inflexible on that.

 

[eb2phy]

Thanks Hadron
I will be on H1B even with new Job because my wife needs H4 to stay here, is that ok or I need to extend H1B for 2 weeks with old employer and file new H1B with new employer.
What can I do if my current employer refuses to file for H1B for 2 weeks upon me telling him that I may not stay with him to continue to be exploited. My contract does say that my employment is for three year duration starting from J1 waiver and H1B approval.
Thanks once again.

 

[m_img]

This seems to be very common. Someone should tell all prospective J1 waiver docs to start their jobs on 8/1. You can stay 30 days past the J1 expiration without negative effect on your status. Somehow a lot of people run into that 2 week trap. You need to be 'in h1b status' for 3 years, they seem to be pretty inflexible on that.

I think you meant here that if approval is delayed, you can still complete three years on H1-B? But then you loose upto a month's salary which should offset more than $2000 expense.

Also, you need H1-B extension if you are going LC route (If you've NIW approved etc. then you probably don't need it) Or am I missing something?

 

[eb2phy]

I meant do I need to extend H1B for those 2 weeks to satisfy J1 waiver requirement of three years of H1B. My question is do I have to extend my current H1B from 7/2/2007 to 7/14/2007.

I will get new H1B from 7/15/2007 with new employer.

Thank you.

 

[hadron]

What I meant is that most people set the start of their employment to 7/1 as they finish their residency on 6/30. I would suggest to set the start of your employment on the H1b petition as 7/25. You are still legal (within the J1+30day period) and if your H1b or waiver don't come through on 7/1 (due to the high volume of cases on that date) you don't run into this 2 week thing.

Now, I don't want to give you any 'advice' that can get you into trouble. You need to be employed for 3 years at your waiver location before you can move. So if you are planning to leave your employer, you will probably have to bite the bullet and get a H1b extension with that employer and file for a H1b transfer a couple of weeks later. You need that 3 years of employment, come icy-rain, locusts or high water.

Now for your contract issue. That is a tricky one. Your employer might try to blackmail you into another 2-3 year contract over the 2 week issue. I would just get the H1b paperwork ready with a 2 year time on it and get him to sign it but avoid getting a new contract with him. Then just don't sign whatever he puts in front of you.