I am currently holding a J1 Visa that will expire in a week. My company offered me a job but I found out that there are no more H1B Visa available for this year and that I have to wait April 1rst 2013 to apply for one and October 1rst 2013 to start working.
In the mean time , I would like to get a new J1 Visa that would start in December 2012.
If I get my new J1 Visa, am I still eligible for a H1B and can I transform this J1 into a H1B?
Yes, likely so, but the question is if you need to waive a home residency requirement first.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
Yes, unless you are subject to some J-1's 2 years home residency requirement. In which case you'll need to file for and obtain a waiver first.
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.
If your new J will start in December ... you must leave the US for the remainder of September, October & November.
Home Residency Requirement? Another problem for the H.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
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