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Immigration Issues/Change from J1 to H1 or H1B


Hi again Robert,

Thanks so much for your prompt reply. I still have some further questions.

My current DS-2019 will expire on July 31, 2007. However, you mentioned in your reply that I should begin work on 10/01/07. Isn't it possible for me to begin work on 08/01/07? Please kindly give me more details. Also, how should I begin the process? Can I do everything myself or should I work with a lawyer?

With thanks,


Followup To

Question -
Hi Robert,

I am under the auspices of the Fulbright program. I finished my Master's degree in May 2006. I'm currently doing my academic training in an agency of the State of Illinois (Office of the Budget). I'm on a J-1 visa with a two-year residency requirement. My DS-2019 will expire on July 31, 2007. Also, my home country, Cambodia, seems to be strict about this two-year residency requirement.

My employer is willing to continue employing me. I want to ask if it is possible for me to change my visa status. If it is possible, please advise me what I should do. Should I invest in the lawyer fees? Please also kindly let me know about the differences between H-1 and H-1B. Which one is better for me?

Your answers will be really appreciated.

I look forward to hearing from you.

With thanks and best regards,


Answer -
You can change from J-1 to H-1B but you can not apply for the change until 4/1/07 for work to being on 10/1/07. H-1 encompasses H-1A, H-1B and H-1C. You would apply for H-1B.



There is a cap on H-1s of 65000 every year. They are used up for fiscal year 2006 (October 1, 2006-September 30, 2007) You can not begin work until 10/1 but you can apply 6 months before.

I recommend working with a lawyer for H-1.



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Robert Hollander<B> Esq.</B>



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