Immigration Issues/J1 to H1B

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Question
Hi,
I am currently on the J1 visa but it will expire in December.
I want to transfer to the H1B status but I am not sure what I have to do for it.
Can you help me?
Is the process the same as just applying for the H1B without even having the J1 or do I have some advantages?
I appreciate your help and answer a lot.
They just seem to try to make it so hard.
Thanks so much,
Laura

Answer
Hi Laura,

You should first determine whether you are subject to the 2-year home country requirement. This would be noted both on the J-1 visa stamp in your passport, as well as Form DS-2019 or Form IAP-66.

If you are not subject to the home country requirement, the H-1B petition can be filed. The employment start date would be October 01, 2006 because of the visa cap restrictions in effect.

If you are subject to the 2-year home country requirement, then a waiver must first be obtained before the H-1B petition can be filed.

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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