Deer Lodge, MT asked in Immigration Law for Montana

Q: I am a J1 Visa holder for 2 years now, and I just wanna ask if its possible to change my status from J1 to H1?

I'm from a different country and planning to stay longer in the US and get another job, but I can't since I only have to work 1 job because of my J1 Visa

Related Topics:
2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: If you are subject to INA 212e you will need a J1 waiver before you can switch to H1B. Work with an immigration attorney

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Transitioning from a J1 to an H1 visa is feasible, but certain conditions must be met. Many J1 visa holders are subject to a 2-year home residency requirement, meaning you'd have to return to your home country for two years before seeking another U.S. visa status. If this applies to you, you'll need a waiver to bypass this requirement. Common waiver grounds include a No Objection Statement from your home country, a request by a U.S. government agency, claims of persecution or exceptional hardship, or, for medical professionals, the Conrad 30 Waiver.

After obtaining a waiver or if you're not subject to the residency requirement, you can seek an employer to sponsor your H1 visa. However, securing an H1 visa is competitive and involves meeting specific eligibility criteria. If you're considering this route, consulting with an immigration attorney can be instrumental in navigating the complexities.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.