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Immigration Issues/Transfer from J1 to H1 Maryland


QUESTION: Dear Ramasamy,
I was working with J1 visa and my visa just expired at the end of September. I got an offer from University in July and started two-year rule waiver on July 27th. I already submitted H1 application to the University but I wondered if University could start the process even if my waiver is pending. If they cannot start the process until the end of October, will it be illegal for me to stay in the U.S. after October?

I would greatly appreciate it if I could get answer from you.
Thank you very much.

ANSWER: Yahuko: You are right you will be out of status after October.  I would suggest that you also try for an O visa and on approval reenter on O visa status.
You should also consider contacting the State dept. and expediting your J-1 waiver. A recommendation alone would allow you to file for the H-1B


Ramasamy Krishnan

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QUESTION: Dear Ramasamy,

Thank you very much for the previous answer. Now I understand I must go back to Japan if my waiver won't be recommended until the end of this month.
 I am a Japanese and can enter the U.S. without visa. If I enter the U.S. with passport and my H1B document has been approved after that, can I stay in the U.S. and start to work or I should go back to Japan and reenter with H1B visa?

Thank you very much for your kind support.


ANSWER: Yasuko,
You will have to reenter with an H-1B visa.

Ramasamy Krishnan

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QUESTION: Dear Ramasamy,

Thank you very much for giving me prompt answer every time.

I contacted immigration specialist at the University, but he said that they cannot proceed H1 application until my waiver will be approved. In previous answer, you commented a recommendation would allow me to file H1. Which is correct? If I can get a recommendation from DOS, can I file H1 or do I have to wait until they approve my waiver?

I would be very much obliged for your help.


Yes, it would be possible to apply for your H with the favorable recommendation from the State rather than wait for the approval of the waiver (I-612)from the USCIS. In my experience filing an H-1B with the favorable recommendation in fact serves to expedite the 612 approval.
Best of luck.
Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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