In order to change status from that of a J-1 visa holder, without going home for 2 years, one must apply and receive a waiver.
This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship.
Yep. No waiver - no change of status. This is absolutely correct.
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.
Yes you definitely need a waiver. You can apply for the H1B, however, it would be speculative to give you an answer on chances of H1B approval while pending J-1 waiver, without knowing the prospects of your waiver approval
If you don't have an immigration attorney, you should immediately contact one.
A good option would be to have your potential employer file an H-1B petition without requesting a change of status on April 1. Therefore, assuming your J waiver is approved between April and October, you could leave the U.S. and obtain your H-1B visa abroad.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
I concur with my esteemed colleagues that the J-1 successful grant of the Waiver is an absolute necessity to proceed with any stated options above.
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