J-1 Internship to H1B with the same employer (J-1 expires in March)

Asked over 1 year ago - Bellevue, WA

Hello. I hold J-1 Internship visa now and work in IT. My program finish in March 2014. The company i work for is willing to sponsor H1B petition for me, which can be filled in April 2014 the earliest (as i know). Is there a way for me to stay in US and work until i have my H1B visa approved (hopefully)? Thanks

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . First look into whether you are HRR subject. If you are, you cannot change status. Second, you should really talk to an immigration attorney about that not post on AVVO. Why? It is impossible to answer your question without knowing all the facts. I would hate to give you an advice which would turn to be wrong because there was an obscure detail I did not know about.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your employer may be able to file for an extension of your J-1 visa or if that were not possible file for an H-3 Training Visa on your behalf. Need to work with a local immigration lawyer on the H-3, as those are not simple to put together and not every immigration attorney is capable, unless has experience with H-3s.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on whether your program can be extended and whether you are subject to the two year foreign residency 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
  4. Anu Gupta

    Pro

    Contributor Level 19

    Answered . Hi- It depends on the circumstances. If the home residency does not apply, you may be able to extend the J1, apply for a B1 or may have other options available to you. You should schedule a time to speak with an attorney who can review your case and advice.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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