Pls Help..F1 to H1b, J1 in the past

[DC_gal1111]

Hello All,
I would appreciate the advice of all the knowledgeable people on the board. Currently I am on OPT after F1 and applying for H1B. The only problem is that a couple of years back I spent 1-year on J1 visa (on scholarship), after that I went back to Ukraine for a year (13 months) and them came back again on F1 visa. After completing my studies I started working on OPT and now my employer is applying for H1B.

The question is:

1. Will I still be able to get H1B, given that I was on J1 and did not finish complete 2 yrs back home.

2. Why would they issue me F1, after J1 but not H1.

3. What are the other ways to go around the HRR 2 year rule and staying here. Does ukraine allow waivers.

Any advice would be greatly apprecaited.

 

[BL8]

F1 to H1 with J1

I am in the same situation as you are. Came to the U.S. on J1 from Belarus, then went to college and now can't obtain my H1B because of the 2 year residency requirement.

1. Will I still be able to get H1B, given that I was on J1 and did not finish complete 2 yrs back home. - You can switch from F1 to H1 STATUS, but you will not be able to obtain H1 VISA because of your J1 home residency requirement.

2. Why would they issue me F1, after J1 but not H1. - It is a part of the immigration law. You are allowed to switch from J1 to F1 without fullfilling the requirement, but you can't switch to any other type of visa that will grant you a permanent residency (H1B, Green Card, etc.)

3. What are the other ways to go around the HRR 2 year rule and staying here. Does ukraine allow waivers. - Apply for a waiver. Your best bet is to try the one based on No Objection from your home country. Look up the requirements on the Department of State web site. As far as I know Ukraine allows waivers.

Good luck