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3 Answers | Asked in Immigration Law for Massachusetts on
Q: Does H1b Extension of Stay have to be approved for a new employer to apply for Change of Employment?

I am on H1b visa since Oct 2021. My status was going to expire on Sept 30th, 2024. My current employer applied for a Extension of stay and the USCIS sent I-797C receipt notice on August 16th. The case is still pending so I don't have I-797A approval notice. I got a new job and they are filing... View More

Andrew L Wizner
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answered on Jan 9, 2025

USCIS regulations offer the possibility of H-1B portability, meaning that an H-1B worker who is changing employers may start work for the new employer while its petition is in process, provided that the new employer's petition was filed while the H-1B worker is still maintaining status and has... View More

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2 Answers | Asked in Immigration Law for Mississippi on
Q: Can we switch 2 H1 from J1 and do the Waiver later as Indian citizen with Canadian PR? I read that Canadians can do it.

Hi

My spouse is finishing her fellowship on J1 Visa. She wants to do another fellowship but they don't sponsor J1 visa.

I've H1B with approved i140. Can she switch to my H4 and do the next fellowship?

Once the fellowship is done, she can do the Visa waiver job. Is this possible?

Andrew L Wizner
Andrew L Wizner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024

Section 212(e) of the Immigration and Nationality Act prohibits a person who came in J-1 status to the U.S. for graduate medical education from applying for a "nonimmigrant visa under section 1101(a)(15)(H)", which includes H-1B and H-4 visas. Canadian citizens (not Canadian permanent... View More

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3 Answers | Asked in Immigration Law for South Carolina on
Q: I am currently a J1 visa holder, subjected to the two year rule. Could you provide some information on how I can alter?

I am on a teaching program at the moment. However, after the years here I have grown accustomed to working with the school system.

Andrew L Wizner
Andrew L Wizner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2025

A person may be subject to the two-year residency requirement based on the Exchange Visitor Skills List, government funding or participation in a graduate medical education program. With respect the Skills List, the U.S. Department of State published a Public Notice, dated December 9, 2024,... View More

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