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Immigration Issues/H1B academic to working visa

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Question
Dear Sir,

I have applied for H1B academic from my current J1 visa status and expecting to receive my H1B academic visa status by February 2012. I am working as post doctoral research associate from 2007 and since by J1 expired by April 2012, I have applied for a H1B academic visa transfer.

Meanwhile I have received a possible industrial job offer but I do not know how I can avail the opportunity which I immensely want to. Can you help me with the clauses of visa or work authorization and time frame needed for me to do the industrial job.

Thanks!

Regards

Dr Partha Pratim Sengupta

Answer
Hi,

The new prospective H1B employer can file an H1B petition for you requesting change of status from J1 to H1B. There is no limit to the number of H1B petitions that can be filed: www.h1b1.com/concurrent.htm

This new H1B petition will be subject to the visa cap: http://www.uscis.gov/h-1b_count

It may take about 3 months for approval after filing. However, the H1B petition can also be filed through premium processing, resulting in a decision by the USCIS within 15 days of filing in return for an extra filing fee of $1,225. You cannot be employed until the H1B petition has been approved. You are dependent upon the employer to file the H1B petition, as you cannot self-petition.

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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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