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Applying from J1 visa with 2-year rule to H1B.

Washington, DC |

I got my J1 visa in 2010 (no 2-year rule). I have been working for the same employer since then renewing my J1 every year. In 2011 I renewed my J1 and the immigration officer checked the 2-year rule . In 2012 I renewed my J1 with no 2-year rule. However since 2011 I have had the 2-year rule on my visa on my passport. Recently I was offered a position from the US gov and they will transition me to H1B. They told me that I have strong chances to get the H1B. I personally doubt that. Unfortunately they are not offering an IGA waiver (too complicated to explain here). In any case, I have 2 simple questions: a) What are my chances? b) Is there anything I can do or they can do before the H1B application to guarantee a success? Thanks in advance!

If I get the H1B can I apply after that normally for a green card through my marriage with a US citizen ?

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Attorney answers 3


You will need a waiver of the 2 year requirement.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Charles , thanks for the reply my employer has an immigration lawyer on my case . They basically told me that I shouldn't be on the 2-year rule and that it was mistake. Do you think I am fooled here? I most definitely think so.


You will need to file for a waiver of the 2 year foreign residency requirement to which you are subject.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


I agree with my colleagues. You will need to file a waiver of the 2 year requirement.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.