How to get a greenc card
2 attorney answers
Under the current state of the law, because of the H-1B "cap" of 65,000 visas per year, and due to the high demand,H-1B visas are only available to be applied for on April 1st of each year. Appliations for about double the quota amount are filed each April 1st and the filings go into a lottery with the lucky "winners" being notified of the success of their filing, not necessarily the success of their application approval. Congress needs to pass legislation that will make it easier to obtain H-1B visa, but until then, even if you are not subject to the 2-year foreign residence requirement on your J-1, H-1B is a long, hard, uncertain road to hoe. By the way, you need the equivalent of a US Bachelor degree or higher to qualify for H-1B.
If you are subject to the two-year foreign residency requirement, it will require a waiver or a "no objection" from your home country. If you are not subject to the foreign residency requirement, you can apply for an H. However, unless you or your employer is exempt from the numerical cap (of 55,000 for the Fiscal Year of 2009 which runs from 10/1/2008 through 9/30/2009), you will not be able to apply until next April.
Call an immigration attorney to further discuss your qualifications and your employers qualifications.