urgent plz...J1 waiver- only 1 year 6 months left on H1

S

swe82

Registered Users (C)
I have used up 4 years 9 months on H1-B visa before starting residency and so my questions are:

1) will i get a j1 waiver job with only 1 year 3 months left on my visa

2) if i start my GC processing in the 1st year of my waiver can i extend my H1 visa based on pending GC

3) do J1 waiver jobs have any requirements on the number of years left on the H1-B visa

Any input is higly appreciated

Thanks
 
Fo j1 waiver you need a contract for 3 years. H1b application process starts after waiver approval. So you should be OK in getting a waiver job and waiver approval.
You should start your Labor certification even before the joining date so that you have a LC approval and possibly I140 approval in time. Once you have an approved LC or approved I 140 you can ask for H1b extension. The other option is to start NIW process and apply for I485 if your numbers are current. This way you can obtain an EAD and also renew H1b.
 
swe82 said:
I have used up 4 years 9 months on H1-B visa before starting residency and so my questions are:

1) will i get a j1 waiver job with only 1 year 3 months left on my visa
You can get job for forever, the point is from the immigration point of view your status will be done by the end of the maximum time allowed in your H unless you find another status by which you can continue that job, they are separate issue and getting job by itself will not give you H for example forever..
2) if i start my GC processing in the 1st year of my waiver can i extend my H1 visa based on pending GC
You can extend it if you have approved I-140 not just pending application and if so every one with H about to finish will send GC application to be pending by which he can extend the H.

3) do J1 waiver jobs have any requirements on the number of years left on the H1-B visa
There is no requirement by law, but any employer will ask and if he know that the time left of the status is about to expire, will not higher the person.
Any input is higly appreciated

Thanks
Click to expand...

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You can extend it if you have approved I-140 not just pending application and if so every one with H about to finish will send GC application to be pending by which he can extend the H.

I thought only way to Extend H1B is
* If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence.

* If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a 3 year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[5]


So if everything is Current, does that mean u cant extend it?
 
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