Legal Question in Immigration Law in California

transfering J1 to H1B

Hi, I am on J1 and my H1 is in premium processing. Now, my j1 is expring and I haven't got any reply from INS. so, pls suggest me wht would be the best option for me.

I have already replied to the RFE that INS asked for and now its more than 15 days.

So, pls advice me wht all options do I have?


Asked on 10/17/05, 2:11 am

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: transfering J1 to H1B

we would need to obtain more facts from you than were presented here, in respect to expiration date of your exchange trainee visa and additional details regarding your H1-B employer sponsor/visa, etc..if you would like further assistance, contact us today with a more detailed rundown on your situation.

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Answered on 10/17/05, 5:28 am
Hon-Vinh Duong DUONG IMMIGRATION LAW PLLC

Re: transfering J1 to H1B

You have a 30 day grace period once your J-1 status expires. Check your latest DS-2019 for the program expiration date. Since you are still in J-1 status and your H-1B has already been filed, I would simply wait for the H-1B to be approved. It should not be much longer before your H-1B is approved.

Please contact us with more specifics of your case for further assistance.

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Answered on 10/17/05, 9:37 am
Larry L. Doan Law Office of Larry L. Doan

Re: transfering J1 to H1B

Simple. Your lawyer should have filed a change of status at the same time as the H-1B petition so no matter how long it takes, as long as that was done before the J-1 expires, you could theoretically wait for however long it takes for the CIS to approve the COS and H-1B to be approved and you're fine.

Larry "Liem" Doan, Esq.

Note: The above "free" response is provided for legal information only and is not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a consultation can be arranged.

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Answered on 10/17/05, 4:26 pm


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