Immigration Issues/J-1 to H-1B

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Question
I'm doing an internship with a J-1 visa and i have several questions:

- Can I apply with another company for a H-1B and once I get it, move to the new company with the new visa?
- I have to wait until I finish my J-1 to apply for the H-1B or I can apply while I'm doing my J-1?

In my J-1 one is specified that "I am not subject to the 2-year home country requirement".

Thanks.

Answer
Hi,

Since you are not subject to the 2-year home country requirement, an H1B petition can be filed for you anytime; you are not required to complete the J1 obligation.

Due to visa cap issue with H1B, the employment start date noted on the H1B approval notice will be no earlier than October 01, 2010, the start of the fiscal year for the government when the visa cap opens. However, the H1B petition can be filed now by the employer. Your employer should request "change of status" on the H1B petition so that the H1B approval notice issued by the USCIS will have a new I-94 attached to the approval notice, allowing you to automatically be in H1B status upon effective date of approval without having to depart the U.S.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com

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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