Legal Question in Immigration Law in Ohio

I want to Change my J2 Visa to H1b Visa, What can i do ?

Asked on 12/29/09, 12:11 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If this is a cap-subject H-1B, it's too late for the FY 2010. If it's not a cap-subject H-1B, yes, you might be able to.

Make sure that you are not subject to 2-year home residency requirement under 212e (as a dependent of J-1 visa holder).

It's up to an employer to petition you for H-1B. You can't start the process of change of status by yourself - your future employer does.

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Answered on 1/03/10, 3:20 pm

Harold Hom Harold L. Hom Co., LPA

First, you could work using an employment authorization card (EAD) in the meantime and apply for H-1B status on April 1st (but will not start until October 1st). For the EAD, you do not need employer sponsorship. However, for the H-1B petition, your employer must file the H-1B petition. The job position must pay the prevailing wage and must clearly require a Bachelor's degree or higher. Also, you can switch to H-1B only if you are not subject to the 2 year return home requirement (as shown on your U.S. entry visa).

Harold L. Hom

E-mail: [email protected]

Tel: 440-250-0400

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Answered on 1/04/10, 10:07 am

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