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Immigration Issues/Applying for a J1 and transferring to a H1B

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Question
Hi,

I'm an Irish scientist and have accepted a job as a postdoctoral researcher in Denver starting in Aug. Its a new institute and I've been recruited by the new department head.

We're currently trying to sort out Visa issues and as its only 4 months away we think that the J1 may be the best bet. I do think that a H1-B is the visa I will require inthe long term so my question is, can I apply for a J1 visa and then transfer as soon as possible to a H1-B?

Would that be frowned upon and if so, is there a better solution?

Thank you.

Answer
Hi Simon,

Yes, it is OK to enter the U.S. on J-1 visa. The H-1B petition can be filed later, and you will be granted change of status to H-1B assuming that you are not subject to the 2-year home country requirement.

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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