Changing J1 Visa to H1B or H1b1

[dba 0]

Dear all, I would like to thank all of you for the help and support that clears confusion for people who needs answer for questions.

As you know I’m J1 student here in USA and I have the condition to go home for 2 years. A friend told me that if I like to stay in USA I should find a work or a company needs me and my qualifications and work with them. At this point I can change my status to one of those work Visas, but I will not be able to go back home for 2 years. I need your opinions from you experience about this situation, and can I do this? Any advice will be much be appreciated.

[dba 0]

Any suggestion here about that my friends

[marie09 5]

You might want to try posting a thread on the general immigration forum:

http://www.visajourney.com/forums/index.php?showforum=133

Most of us on this thread are applying to adjust our visas to permanent residence based on marriage.

I think to adjust your J1 to another status you would first need to obtain a waiver to remove your 2 year home residence requirement - but I am not sure how to do this - you may want to google J1 home residence waiver.

Best of Luck to you

[juliava 80]

You will definitely need to apply for the J-1 - 2years home residence waiver if you decide to change status.

Also you need to find out if you, your job and the company that hires you meet the H-1B visa requirements.

[Bmore 1]

Hi DBA,

You have to obtain a waiver for the 2-year rule, otherwise it is impossible to change to any other visa including H1B. In fact, even if you marry a US citizen you will still be subject to the 2-year rule and not be able to adjust your status to permanent resident unless you obtain a waiver.

You should contact the international office at your school, they should know how to obtain the waiver. (If your visa states you are subject, but you think you should not be subject, this waiver is not hard to obtain. If you are subject, because the rule actually applies to you then I don't know how difficult it is to get the waiver). The other option is to get permission from your home country. (I have been told the 2-year rule exists in fact to protect your home country, as it is an exchange visitor visa, so they will not loose the people whose education they invested in.)

Please keep in mind that as long as you are in school you can extend your J1 visa (I believe up to 6 years). As soon as you apply for the waiver you will not be able to renew your J1 at the embassy, since getting a waiver automatically means that your intent is to stay in the US. Also if you do not get a waiver and try to change status you show intent to stay, so not only will they reject your new visa, you will not be able to get a new J1.

Some exceptional scholars can change to an O visa after the J1 period has ended, without leaving the country, but I don't know anything about this visa, so you should look it up.

Also, I know that if you are an MD, you can work in the US in certain underserved areas for a certain period instead of leaving the country for 2 years. I don't know if a similar option exists for non MDs.

In summary: Check you visa, does it actually say subject is bearer to the 2 year home residency requirement? if yes, contact your international office, they can tell you if and how you can get a waiver.

PS I am not an attorney, I just had a J1 myself and have many friends on a J1, so my advice comes from personal experiences and talks with friends, and I may be wrong!

Timeline:

Nov 2006 Enter US onJ1 (not subject to the 2-Year rule)

Dec 2006 Met my (future) husband

Sep 2008 Moved in together

Feb 2009 Married!

May 2009 switched to H1B

Sep 18 2009 Sent out AOS based on I130

Sep 28 NOA's

Oct 5 received bio appointment for oct 28

Oct 7 walk-in Bio

Oct 8 touched

Oct 26 received interview appointment letter

Nov 3 received EAD

Dec 1 Interview No Decision

Dec 8 card production ordered

Dec 10 card production ordered again

Dec 12 received welcome notice