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Immigration Issues/H1B from J1 and change of status

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Question
I'm on J1 visa which expires on 23rd July & I got the waiver too.I got H1B visa sponsor but my que. is that do I have to go to India for stamping? and can my husband's H4 be filled here along with me or I have to file for him in India?What do you mean by overseas application? Filling from here(USA) also means overseas application?

Answer
Hi,

Since there is normally only a 30-day grace period in J1 status, and since I am assuming that the H1B petition that will be filed for you is subject to the visa cap (for which the start date noted on H1B approval notice will be October 01, 2010), the USCIS is not going to grant you change of status to H1B since the grace period does not keep you in legal status until Oct. 01.

Thus, you should be ready to depart the U.S. within 30 days of July 23, and you should apply for H1B visa stamp at a U.S. Consulate in your home country after USCIS approval of H1B petition.

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

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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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