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

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • 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
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Answered
  • 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.

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