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Posted on 20 May 2010
Q.

J1 to H1B

Hi,
I'm on a J1 from 6/9/08 to 6/8/10.I have an H-1B job offer from a cap exempt employer, starting 6/9/10.DOS sent a favorable J1 waiver recommendation May 1 and USCIS sent an email confirming receipt of a I-797 application (instead of a I-612). I called customer svc, but was told that I need to call after getting the receipt or 30 days after May 1. I was planning to apply for premium processing but understand I need the waiver in hand before applying H1B. 1. By when should I apply for H1B to remain in status. Is it 30 days from J1 expiration? 2.Will I be in status if H1 B is filed but not adjudicated before J1 expiration date? 3. Can I apply H1B with just the DOS recommendation? 4. Can I file regular H1 B now to "buy time" and switch to premium when J1 waiver comes through?

User's Location: Atlanta, Georgia, United States of America
Category: H1B Visa (Work Visa)
Posted on 20 May 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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