Can I transfer from a J1 to H1B if exempt from 2 year rule?
Find answers to your legal question.
Can I transfer from a J1 to H1B if exempt from 2 year rule?
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The visa stamp on my J1 visa says "BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY.".
Firstly am I then eligible for a transfer to H1b?
What are the procedures for such a transfer?
What are the documents I will require for such a transfer?
Will I have to go back to my home country to make the application?
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dognhorsemom
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Although you are not subject to thee two-year rule, you would need to be in legal status to change to another nonimmigrant visa category. In order to change to H1b, an employer would have to petition for you. Applications are accepted in April for employment beginning in October, and fewer than 50% of qualified applicants actually get the visa, since the category is heavily over-subscribed.
So, unless you are still in legal J-1 status in October of next year, AND your prospective employer files on time, AND you get lucky, you will probably not succeed in your plan. |
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Raj
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HI,
You are eligible to transfer as you mentioned you do not have a two year requirement on your visa
Your employer would need to file for H1 by April 1st of the year you want to get H1. The government accepts application only the first three days of april (by three days the required number of applicants are usually reached). Ask them to file it through speed post.
I suggest your employer involves a lawyer for pre screening your documentation.
You would need every certificate of merit, copies of all visas, letters of recommendations from previous employers, your present employers financial details, letter of offer with pay for your h1b job (at least management level) and all extra curricular certificates (more the merrier)
You do not need to go to your home country as long as you have time left on your j1 for this process, If you apply in April your results usually come by June-July and your new h1 will be valid from October. |
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