When to send H1B application?

boatwright

Registered Users (C)
With my J1 expiring March next year my employer wishes to apply for an H1B for me. What would happen to my application if it were submitted this month (August 2006) - is there a chance it would be accepted for Oct 2006 as I am already working for the same employer? If not would it be rejected quickly and sent back so I can re-apply for 2007? Or would they keep the application ready for 2007? If we re-submit for next year exactly when can the application first be submitted? 1st April or before??? I am hoping that if it is 2007 then I can be granted adjustment of status for the period between my J1 expiry and October 1st H1B start date? Does anyone know??
 

frostrated

Registered Users (C)
The quota for this year is over. The next earliest date you can apply is April 1st, for a start date of Oct 1, 2007. I do not know what the grace period is after expiry of J1. But if you are in J1, should you not be leaving the country at the end of its expiry? You might have to apply for a J1 waiver, but you might want to check if you are eligible. If you are not eligible for a J1 waiver, you HAVE to leave the country and appear for a H1 visa interview in your country before you can come back to work here.


boatwright said:
With my J1 expiring March next year my employer wishes to apply for an H1B for me. What would happen to my application if it were submitted this month (August 2006) - is there a chance it would be accepted for Oct 2006 as I am already working for the same employer? If not would it be rejected quickly and sent back so I can re-apply for 2007? Or would they keep the application ready for 2007? If we re-submit for next year exactly when can the application first be submitted? 1st April or before??? I am hoping that if it is 2007 then I can be granted adjustment of status for the period between my J1 expiry and October 1st H1B start date? Does anyone know??
 

GotPR?

Registered Users (C)
boatwright said:
I am hoping that if it is 2007 then I can be granted adjustment of status for the period between my J1 expiry and October 1st H1B start date? Does anyone know??
It depends on when your J1 expires. If J1 expiration + grace period does not cover til Oct 1 2007, you may need to travel to have H1 stamp.
 

boatwright

Registered Users (C)
To GotPR and frostrated

Frostrated - thanks for replying - I am NOT subject to the 2 year HRR, I have a tick box on my DS2019 saying so - luckily!
GotPR - I am so confused - I visited my local USCIS offices for clarification on whether I have to leave the US or can I extend my stay/make adjustment to my status - they said I could stay if a H1B application was pending. With my J1 ending Feb 07 2007 and with the 30 days grace period at the end making my official leave date as March 7th 2007 I am frantically trying to find out the official answer to my problem. The USCIS made out that they would extend my I94, my worry is the period between March 7th and April 1st. If I have to travel to get the H1B stamp - what does that mean? Can I stay in the US and go into Canada for a stamp? What would happen if my employer submitted a H1B application now for work staring on 7th March (J1 expiry date) - is there any chance this would be acceptable??
 

GotPR?

Registered Users (C)
boatwright said:
GotPR - I am so confused - I visited my local USCIS offices for clarification on whether I have to leave the US or can I extend my stay/make adjustment to my status - they said I could stay if a H1B application was pending.
That is correct. You can stay as long as H1 petition is pending, but if your petition is approved before your H1 start date and after your authorized stay with J1 expires, you are out of status. If CIS knows about it, they may not approve COS, therefore you have to get H1 stamp in that case. THat is what I meant to say.
 

boatwright

Registered Users (C)
To GotPR

Thank you so much for replying, just to clarify - if I went to the USCIS office and asked them for an extension of stay for the period between 7th March and 1st April (when my J visa expires) and possibly the time between H1 being approved and employment start date. I picked up a from from the USCIS offices titled "How do I....Extend My Nonimmigrant Stay in the US"? (Form M-579), which talks about being able to get extensions of stay for almost any purpose!!
 

GotPR?

Registered Users (C)
If you have any visa status you can apply, you can try it. It's better to do it before going to grace period.
 
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