Applying from J1 visa with 2-year rule to H1B.

Asked about 1 year ago - Washington, DC

I got my J1 visa in 2010 (no 2-year rule). I have been working for the same employer since then renewing my J1 every year. In 2011 I renewed my J1 and the immigration officer checked the 2-year rule . In 2012 I renewed my J1 with no 2-year rule. However since 2011 I have had the 2-year rule on my visa on my passport. Recently I was offered a position from the US gov and they will transition me to H1B. They told me that I have strong chances to get the H1B. I personally doubt that. Unfortunately they are not offering an IGA waiver (too complicated to explain here). In any case, I have 2 simple questions: a) What are my chances? b) Is there anything I can do or they can do before the H1B application to guarantee a success? Thanks in advance!

Additional information

If I get the H1B can I apply after that normally for a green card through my marriage with a US citizen ?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . You will need a waiver of the 2 year requirement.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You will need to file for a waiver of the 2 year foreign residency requirement to which you are subject.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues. You will need to file a waiver of the 2 year requirement.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more

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