Staying legally after finishing J-1 visa period?

Asked 10 months ago - Folsom, CA

I'm in J-1 visa with two years constraints and I got a waiver based on hardship. My DS2019 will end by Dec 19, 2013. and I got a job offer, they going to sponsor me on H1B. Could I stay in US after the end of my J-1 visa?If yes, could I start work?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . Only if your H-1B employer is cap-exempt, and he applies for a change of status for you before December 19, 2003. Please see

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Kaushik Shakti Ranchod

    Pro

    Contributor Level 9

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    1

    Best Answer
    chosen by asker

    Answered . First of all, congratulations on obtaining your hardship waiver! You will need to leave the U.S. since you are on J1 status and your employer will need to file for a new H1B application. This application may be submitted on April 1, 2014; for a start date of October 1, 2014. Since there is a gap between your J1 status and H1B potential status you would need to depart unless you are sponsored by a cap-exempt employer.

    I'm a lawyer so I am sure you are expecting a disclaimer. This information is not, nor is it intended to be,... more
  3. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . There cannot be a gap between nonimmigrant statuses.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to discuss all your variables with an immigration visa attorney ASAP.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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