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Options after expiration of J-1 status.

Asked over 2 years ago - New York, NY

Am in US from South Korea on J-1 visa, working as post-doc in biology. Have extended J-1 visa once (after 1 year), and have valid J-1 visa till Mar 2011. Two options I am thinking of for staying in the US (should I want to):

1) If look for post-doc position at same or other University, can I change to H-1B around that time to stay on in US as post-doc?

2) Or what happens if I want to apply for a Tenure Track position as a Professor at same or other US University? Also change to H-1B?

Is either scenario above realistic? And if so, what does process of adjusting status involve?

Thank you. Appreciate it.

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Attorney answers (1)

Kevin Lawrence Dixler

Reputation Level 19

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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Maybe; maybe. All further action depends upon whether you are subject to Section 212(e)'s two year residence requirement in your country of citizenship. If you are not subject, then it will depend upon securing an H1-b sponsor, who will pay you the prevailing wage or an amount at the same level as those at the University in a comparable position, whichever is higher.

Of course, you will have to remain in status at the time that an H1-b petition files the H1-b petition.

This is general information and is not meant to create an attorney-client relationship.

American Immigration Lawyers Assn

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