Immigration Issues/change J1 to H1

Advertisement


Question
-------------------------
Followup To
Question -
-------------------------
Followup To
Question -
In May 2005, my status based on a J1 will expire.  A professor from my universiy showed interest to employ me for one year working on a university grant based project.
If that is possible, what would be the procedure to follow in order to obtain an H1 working permit for me?  If I later want to switch working for a company in the US, would that be possible?
I appreciate your help.
Martina

Answer -
Is you J subject to the 2 year foreign residency requirement?

Regards,

Robert

No, Robert,
it states in the back of my form that I am not subject to the 2 years rule.
Thanks,
Martina
Answer -
Work would not be able to start until 10/1/05. You can file for a change to H status on form I-129. There is a set of forms that needs to be done. I do not recommend doing this without an attorney. The case can be filed after 4/1/05 for work to be done starting 10/1/05. Whenever you want to switch employers you can file for a transfer H using the same forms.


Robert


Thank you Robert,
for your detailed answer.  However, if I am not allowed to work until October, would I need to leave the country in the meanwhile?  Also, I was told by someone that if I want to switch employers and do not have the new H1 by the time the old contract will have expired that I would have to leave the States right the next day after this H1 expired (meaning I would not have a couple of days or weeks to take care of personal matters before leaving).  Is that true?
Thanks again for your help.
Martina

Answer
The H-1 would need to be filed after 4/1/05 and before your time expires in May. Once you are in H status and you file a transfer to switch employers, you can start working for the new company after it is filed. You can not do that however when you are going to the H status the first time.


Regards,

Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.