I am currently in India. However, I have my Masters qualification from Australia. My employer is ready to sponsor me for H1B. But considering the long wait as the Cap for 2016 is over, I am looking at other options . In order to avoid this wait, can somebody suggest whether coming on J1 and working with the same employer and then transferring to H1B is a good option or not? Any advice related to timings and obligation will be highly appreciated.
Starting on J-1 and moving to H-1B is not uncommon, you just have to be sure you are not subject to the 2 year home residency requirement. You seem to think this does not apply to you, but I urge you to consult an attorney before you move forward on that assumption. Your employer may have an immigration attorney if they routinely sponsor H-1B employees.
A closer analysis can determine which other option may be available to you since you and your employer can not proceed with the cap subject H-1B at this time. The J-1 is an option and so is the O-1 , if you qualify. You can ask the employer's immigration attorney or retain your own qualified attorney to assist you with other viable options.
Many people go from J1 to H1B. Contact your company's attorney for more information and to make sure you will not be subject to the two year residency requirement.
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