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J1 transfer to H1B in campus

Athens, OH |

I know in company, the H1B will be applied on Apr. 1, and then be approved, and then becomes effective on Oct. 1. what's the difference of approval/effective of H1B status? Suppose I now have a J1 status, when will the J1 status become invalid? on the date that H1B get approved, or on Oct. 1?

In campus, is it the same date for approval and becoming effective?

Suppose I have got the H1B status in campus for the following year, but my contract is only valid for one more year. I learned that the approval of H1B status is usually for 3 years, but when contract ends, the H1B status also ends automatically. Is it right?

Attorney Answers 4


This appears to be a variation of another question ... one is enough ... please.

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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I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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If the job is on campus, your H-1B will be cap-exempt. You can continue working on the J until your H-1B is approved. Thereafter, you can work using your H-1B. you don't have to wait until October 1st.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.

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Since you have many variables, you should set an appointment with an immigration attorney to explore fully.

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