what is immigration status between J1 expiration & H1b approval

#1
Hi ,
I am currently on J1 visa, which is expiring in 2 months. I have an offer in hand from a company who is ready to sponsor H1b visa for me. As per my understanding H1b is approved and stamping is done in October.
Can i continue to stay and work in US when J1 expires and H1b is in process, what are my options.
Thanks
 

Lucy Furrer

Member
Staff member
#2
Check if your J-1 has two year home residency requirement or not. If yes, you can not apply for H-1b unless you get J-1 waiver first.
2. If you are lucky you'll get your H-1b approved in April, and then you can begin to work in Oct. There is Cap-Gap extension for F-1 , but seems no way for J-1.
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A cap-gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the US during the "gap."
 

NJP

New Member
#3
Hello,
I am currently on J1 (Teacher Program) and my Visa ends in April 14 th 2015. I have a waiver for the 2 yr home country rule. My employer gave me 2 options 1. he can change my status to B visa and then apply for H1 on April 1 st. I dont know how that works as i have to take an extension for my B visa until my employment starts in Oct.
2. He says he can find a new sponsorer for my J1 again and i need not leave the country. will i get a J1 for 3 yrs again? and if so will i be subject to 2 yr home country rule again? How about I go on a F1 visa? can you please advise. Thanks in advance.
 

Lucy Furrer

Member
Staff member
#4
Hello,
I am currently on J1 (Teacher Program) and my Visa ends in April 14 th 2015. I have a waiver for the 2 yr home country rule. My employer gave me 2 options 1. he can change my status to B visa and then apply for H1 on April 1 st. I dont know how that works as i have to take an extension for my B visa until my employment starts in Oct.
2. He says he can find a new sponsorer for my J1 again and i need not leave the country. will i get a J1 for 3 yrs again? and if so will i be subject to 2 yr home country rule again? How about I go on a F1 visa? can you please advise. Thanks in advance.
You should not touch J-1 again if you want to get H-1b.
F-1 is better.
 

NJP

New Member
#5
Sir, does that mean if I go back on J1 it is not possible for me to go on H1 later or to any other Visa. Please guide me. Thank you
 

Lucy Furrer

Member
Staff member
#6
If your employer finds a new sponsor for your new J-1, you have to apply for another J-1 waiver before you can apply for H-1b on April 1. I guess time is not enough.
 

NJP

New Member
#7
Hello Sir,
I am thinking of going on J1 again. How soon can I start applying for a second time waiver. Will I be granted another waiver from USCIS. Thanks in advance
NJP
 
#8
Hi Lucy,
Thanks for your response to my post.
Please help advise -My J1 visa expires on March 29, 2015. Do i have to exit from US on that date or do i get some grace period after that to wind up things here.
 
#11
Hello,
I am currently on J1 (Teacher Program) and my Visa ends in April 14 th 2015. I have a waiver for the 2 yr home country rule. My employer gave me 2 options 1. he can change my status to B visa and then apply for H1 on April 1 st. I dont know how that works as i have to take an extension for my B visa until my employment starts in Oct.
2. He says he can find a new sponsorer for my J1 again and i need not leave the country. will i get a J1 for 3 yrs again? and if so will i be subject to 2 yr home country rule again? How about I go on a F1 visa? can you please advise. Thanks in advance.
Hi i am also in the same situattion now. can you tell me what you did to fill the gap between your J1 expiry and october?
 
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