Plz help--J1-H1

S

sriharsha

Registered Users (C)
Hi friends, I am very glad to find this site. there is lot of informaton provided by the members. kudos...
I am on j1 visa which is expiring on june 3rd'2007 (including 1 month grace period). My waiver (No-objection) is in process-expecting around april).

I am trying to stay back in US by obtaining F1, then converting into H1.

I have few questions, I request you guyz to help me to get over these...

1. Can I apply and get F1 before my waiver is finalized?
2. Is there any way to apply directly for H1 in April'2007 without applying for F1?
3.If so (if above 2nd aspect is possible), is it possible to stay in US legally from June'2007 and until i get my H1. (in other words, am I legally allowed to stay in US during the H1 processing period, without having either F1 or any kind of visa)

Friends, please help me!! Please let me know if anything stated above is unclear.

Thanx in advance...
 
Have you used your OPT? AS far as I know J1 visas have 18 months of OPT after the end of the J1. I am not sure if the J1 visa with Home Return Requirement has the OPT or not? Maybe your international office can help you with that? My understanding about the waiver is that without it (actually having the waiver) you cannot apply for any visa.

Also I have a friend that was on J1 (no HRR though), she used her 18 months OPT and then moved on H1B. No problems at all.
 
sriharsha said:
Hi friends, I am very glad to find this site. there is lot of informaton provided by the members. kudos...
I am on j1 visa which is expiring on june 3rd'2007 (including 1 month grace period). My waiver (No-objection) is in process-expecting around april).

I am trying to stay back in US by obtaining F1, then converting into H1.

I have few questions, I request you guyz to help me to get over these...

1. Can I apply and get F1 before my waiver is finalized?
2. Is there any way to apply directly for H1 in April'2007 without applying for F1?
3.If so (if above 2nd aspect is possible), is it possible to stay in US legally from June'2007 and until i get my H1. (in other words, am I legally allowed to stay in US during the H1 processing period, without having either F1 or any kind of visa)

Friends, please help me!! Please let me know if anything stated above is unclear.

Thanx in advance...
Click to expand...

Well, I m also in the same situation. My J1 expires on May2nd this year and my J1 waiver is also under process. Following r the answers to ur questions..

1. Yes, u can apply for F1 b4 waiver is granted, but u gotta choose atleast a one year/2year course.....but u said u finally wanna get H1 (which will be effective Oct.1 onwards) so I dont think that wud be a good option, as u'll be spending money on education.

2. Yes, u can apply for H1 without applying for F1. In case u dont get waiver by April 1st, Ur sponsor can apply for H1 frm April 1st. Here one cud c three possibilities, A) ur H1 application is denied (Highly unlikely), B) Most likely, USCIS will inform u abt missing J1 waiver and wud give u 12-16 weeks to submit missing documents. C) Ur H1 application is approved (Again higly unlikely), it can only happen due to mistake.

3. No, u cant stay in US while u hav applied for a change of status frm J1 to H1 (After ur visa expiry). Only ppl who apply frm extension in H1 can stay not ppl who r changing status.

U can stay in US by changing ur status to B1 (Business Visitor) but u wont be allowed to work in the country. Why do u wanna stay in US for these 3 months (July, Aug. and Sept)?.....cos, if ur on F1, u wud be spending money on education, on B1- u cant work.......so in both cases, only expense. My suggestion wud be, let ur sponsor apply for H1 frm here and in the mean time u go back and have vacation of 3 months, ur company's attorney will inform u abt ur H1 approval, then u can get documents stamped in US embassy and can come back..............well, thats wat is my plan. U have any better ideas?

D
 
sriharsha said:
Hi friends, I am very glad to find this site. there is lot of informaton provided by the members. kudos...
I am on j1 visa which is expiring on june 3rd'2007 (including 1 month grace period). My waiver (No-objection) is in process-expecting around april).

I am trying to stay back in US by obtaining F1, then converting into H1.

I have few questions, I request you guyz to help me to get over these...

1. Can I apply and get F1 before my waiver is finalized?
2. Is there any way to apply directly for H1 in April'2007 without applying for F1?
3.If so (if above 2nd aspect is possible), is it possible to stay in US legally from June'2007 and until i get my H1. (in other words, am I legally allowed to stay in US during the H1 processing period, without having either F1 or any kind of visa)

Friends, please help me!! Please let me know if anything stated above is unclear.

Thanx in advance...
Click to expand...


1. Typically an Immigration Attorney will tell you not to apply for another visa before your waiver is finalized. However, your change of status request could be approved if you already have the favorable DOS recommendation at the time you file. If not, they could either deny the application or ask it for it later in a Request for Additional Evidence.

2. If you have a waiver by April you can apply for the H-1B, assuming you qualify.

3. You are not in legal status if you simply file an H-1B application. In other words, the pending application does not give you a legal status in U.S. You must have an underlying valid status.
 
Last edited by a moderator:
unsure said:
Have you used your OPT? AS far as I know J1 visas have 18 months of OPT after the end of the J1. I am not sure if the J1 visa with Home Return Requirement has the OPT or not? Maybe your international office can help you with that? My understanding about the waiver is that without it (actually having the waiver) you cannot apply for any visa.

Also I have a friend that was on J1 (no HRR though), she used her 18 months OPT and then moved on H1B. No problems at all.
Click to expand...

There is no such thing as 18-month OPT. OPT is one-year practical training after F-1 student visa. Go through your school for the necessary paperwork to begin processing. HRR does not apply to OPT.

J-1 visas are completely separate from the OPT/F-1 visa. J-1 visas are training visas and good for up to 18-months. Some J-1 visa holders are subject to the 2-year HRR.
 
Thanx friends. Thatz good to get some immediate response when in need.

Well, I see lot of suggestions contradicting with others. Iam confused.
Can any one plzz confirm these...

1. If I want to take F1, can i get it before I get my final waiver, or the initial receipt from DOS is suffecient!!

2. I understood that, its not possible for me to stay here while h1 is processed. So any suggestions where I can stay. is it not risky to go to canada for 3-4 months, rather than goining back to my India.

Friends plz confirm these aspects. And thanx for the help.
 
I donno wat makes u think that if u'll go back to India u cant come back. But if u really donn wanna go back to India, then y to go to Canada, stay here in US on Business visitor visa which may be granted upto 6 months if approved.
 
thevisaexpert said:
J-1 visas are completely separate from the OPT/F-1 visa. J-1 visas are training visas and good for up to 18-months. Some J-1 visa holders are subject to the 2-year HRR.
Click to expand...

the academic training on J-1 exchange student visas is upto 18 months.

J-1 has many categories, and not all of them are for training. All of the categories have their own rules, duration, HRR "eligibility", etc.
 
Thank you so much for the replies.
The reason why am afraid to go to India for H1b stamping is :
1. I don't have job experience.
2. I am filling my H1B through a consultancy.

I heard that, H1B visa's are issued in India only to experience candidates. Is that so?
If not, is a proper document filling is sufficient? Please clear my doubts.
Thanx in advance
 
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