I have the Status Problem after the
J1 Visa Expiration and Before the H-1B Approval?
As a visiting scholar, my J1 visa will expire at the end of this month. A company wants to hire me as a research engineer, and has applied the H1B visa for me to change the status. Due to the H1B visa yearly gap, the H1B application is pending, and I can work for the company only after October 1. Do you think I may have the status problem after the J1 visa expiration and before the H1B approval?
To qualify for the H-1B visa approval to change your status from J1 to H-1B in the United States, you need to keep a legal nonimmigrant status on October 1. Since your J1 visa will expire at the end of this month, USCIS may approve the company's H-1B petition for an alien's worker, but you may not be able to change your status from J1 to H-1B in the United States.
If that situation happens, after the H-1B petition is approved for the employer, you need to travel to your home country to get the H-1B visa on your passport at an U.S. Embassy, and then return to U.S. to work for this company.
|Questions & Answers for Green Card Application|
|EB1 Extraordinary Ability (EB-1A)|
|EB1 Outstanding Professor / Researcher (EB-1B)|
|EB1 Multinational Executive or Manager (EB-1C)|
|EB2 National Interest Waiver (NIW)|
|Form I-485 Adjustment of Status|
|PERM Labor Certification|
|Form I-140 Application after Labor Certification|
|Request For Evidence (RFE) for EB1, NIW, L1 Visa|
|Questions & Answers for Working Visa Application|
|J-1 Waiver of 2-Year Home Residence|
|H-1B Visa Application or Extension|
|O-1 Visa Application or Extension|
|L-1 Visa Application or Extension|
|P-1, P-2, P-3 Visa Application or Extension|
|William's Answers for Immigration Questions|
For All Your Immigration and Green Card Application Needs
© Green Card Application Service, www.greencardapply.com