Immigration Issues/J-1 to H-1B

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Question
Hi Ajay,
I have a J-1 visa (postdoc)valid until 6/2008 and I am excepted from
the 2 years rule. A biotech-company is highly interested to employ me
beginning of 2007 and it looks like they have trouble to find somebody
else specialized enough for the position; is there any way arround the
cap? I am not sure if they are non-profit, but they get money from the bill gates foundation for the development of affordable malaria treatments...
May I work on the J1 until the H1 would be effective?
Thank you so much for your kind answer!

Answer
Hi Oliver,

It appears that you will be subject to the H-1B visa cap. Therefore, the earliest that the H-1B petition can be filed is April 01, 2007, with employment start date of October 01, 2007.

You should maintain valid nonimmigrant status (such as J-1) until the end of September, 2007. Maintaining J-1 status means that you must work for the sponsoring J-1 employer only. You can commence employment for the H-1B employer no earlier than October 01, 2007.

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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