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I am currently on F1 status. Will start OPT in Jan'15. I was previously on J1 with 2yr home req. How I will get H1 after my OPT?

Pittsburgh, PA |

I studied 4 month exchange program in US on J1 visa subject to 2-year home req. I went back to home country and stay there for 8.5 months and came back on F1. I will graduate in Dec'14 and my F1 visa is valid till Aug'17. I will do OPT from Jan'15 to Dec'15. How I can extend my work status to H1 after OPT. Do I have to get J1 waiver or not? Do I need another visa and have to go back to home country to get H1 and is it necessary for me to do that? Is it necessary for me to get J1 waiver?

Attorney Answers 3

  1. You will ask your employer this question in all honesty so that they know before they decide to offer you a position.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

  2. You will need to either complete the remaining portion of your two years foreign residence requirement in your home country or you will need to obtain a waiver. There are different types of waivers available and which one is best for you will depend upon the facts of your case. Consult with an experienced immigration attorney who can review your case and recommend an appropriate course of action.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

  3. From the facts you have presented, you appear need either a waiver, or to go home for 15.5 months.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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