I am on a J1 status and meanwhile my employer is applying me for an H1B Consular process. My DS-2019 is valid for another 15 months, but my visa expires in May.
In October I'm going to have to leave the U.S to visit my home country and since my J1 visa will have expired by then I will have to apply for a new visa.
My question is what happens in case that my H1-B is approved - do I have to apply for the H1B or can I apply for a new J1 based on my DS-2019 even though I will have an approved H1-B petition? (I'm interested to use the academic training period as much as I can before transferring to the H status).
This sounds like a really good question for the attorney who prepared the H-1B Petition.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
I agree with my colleague. I would consult the attorney who prepared the initial H-1B petition. All the best.
This does not constitute legal advice, as every situation and potential outcome is different. An attorney-client relationship is not formed unless an agreement is signed between lawyer and client.
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