Can i enter the USA and Start work on a J1 and transfer to an H1-B when the quota opens next year?

Asked 4 months ago - Minneapolis, MN

I spent 12 months on a J-1 visa in 2012-2013 as an intern. The company have offered me employment in the USA and would like me to start in September 2014 however, all they are suggesting i am eligible for is an H-1B visa (I do not graduate until July 2014 (from a UK university) - missing the cut - off date for H1-B application of April). Therefore, I would not be able to start employment in the USA for my company until the earliest of October 2015 (due to the H1-B application and graduation cut-off date and having to apply the following year). I have read that it may be possible to obtain a second J-1 visa for a maximum of 18months while I complete a graduate training scheme with the company. Could you confirm if this is possible and whether i can file for an H1-B while working on a J1?

Attorney answers (1)

  1. Anu Gupta

    Pro

    Contributor Level 19

    Answered . If you have work experience + several years of college you may still qualify for a H1. CIS uses a 3 years of experience = 1 year of education formula. Suggest you speak with an attorney in person to see if you can file in this year's quota.

    The advice suggested here is for general information only and not to be construed as legal advice.

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