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
 
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

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
Click to expand...

#1: Yes, you might not get full three years of H1
#2: This is what you should do. And should be able to extend H1.. also you will be able to do premium processing for 140. Talk to your potential employer soon as you may be able to use some of the advertisement done.
#3: I don't think there is requirement. Application for H1 is done after waiver is approved. States, DOS does not ask you about this. USCIS is also in the process... I don't think they would ask you that as well.

Plan ahead and you will be fine.

Again, check with your lawyer.
 
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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