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Immigration Issues/Change of status from J2

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Question
Hi,
I have two separate questions.

I'm in the US with my family. My husband has been offered a job but we are not sure if he can get an H1B visa due to his current and previous visa status.
We came in 2007 with J visa (he was J-2) sponsored by US DOS. We returned to our home country after completion of my program in Sept 2009 and returned in Dec 2009 under F visa to start a new program.
He is currently F-2 and has a job offer. Can he apply for change of status to H1B? Can his employer request an H1B visa for him?

I called twice USCIS and got contradicting answers...

Previously he had an offer for a J visa at the university where I'm studying but he was told by the international scholars service that he is not eligible for a J-1 because he had had a J visa before the F visa. Was this true?

I could really use a good straight answer. I'm really confused and frustrated...

THANKS A LOT!!

RJ

Answer
Hi,

I am assuming that you were not subject to the 2 year home country requirement in J1. If you were, I assume that you received a waiver of the home country requirement.

Yes, an H1B petition can be filed for your husband by the employer. He will be granted change of status from J2 to H1B effective October 01, 2010. (There is a visa cap in effect, and that is when the visas become available, but it is OK to file an H1B petition up to 180 days prior to Oct. 01).

There is never a problem to change from J visa status to another nonimmigrant visa status such as H or F, etc., or vice-versa (again assuming that there was never a 2 year home country issue earlier). Thus, we do not understand why the university would not issue your husband a Form DS-2019 and support his application from F2 to J1.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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