Hi , I am currently a J1 intern until May 14,2012. My employer is filing a H1B on April 1, 2012. I understand that I can legally stay in the US without working until I receive the result of H1B petition, but I do not know if there is any thing I have to do in order for me to legally stay during my H1B pending. Do I need to apply for change of status? What kinda documents do I need to turn in?
I'd greatly appreciate it if anybody can give me an advice.
I would also question your understanding that you can legally stay in the U.S. until the H-1B start date of October 1. There is no "gap cap" protection for those in J-1 status as there is for students in F-1 status (see http://www.uscis.gov/portal/site/uscis/menuitem...).
There may be a way to remain in the U.S. until October 1 (when you will be able to begin your employment). You should consult with the attorney handling the H-1B petition on this matter.
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