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Staying legally after finishing J-1 visa period?

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


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, legal advice. You can call us at 916-613-3553 to schedule a consultation. You should consult an attorney for advice regarding your individual situation and does not create an attorney-client relationship.

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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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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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 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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