H Visa Changing from J1 Career Training visa to a H1-B

[smirnofflisa]

I am Irish and I am currently in the States on a J1 career training visa. The visa is originally from 5th Jan 2009 to 4th Jan 2010 and I am able to get a 6 month extension on that visa which will bring me up to 4th July 2010. My employer has recently asked me to find out about applying for a H1-B. I understand that it is the employers responsibility but I work for a very small specialized company, and I will have to do the leg work as far as finding out about the application goes. I am a bit worried about the dates and being able to transfer to the H1-B. Someone has told me that if I apply and I get the H1-B then I may not be able to start work until 1st October 2010 which will leave a gap of 3 months and I know that that will not be acceptable to my employer. Is there any truth in this or can I get any guidance as to how the dates work??

 

[Michael Wechsler]

Why did someone tell you that you cannot begin work? There are a couple of issues with the J1 to be aware of, including the "two year rule" about stay and then leave before returning to the US (at least from my knowledge.) There is a possibility for a J-1 waiver which you should try to obtain as soon as possible. Since you seem to have about a year's time, I think it is possible to do. You are best speaking to an immigration lawyer to begin the process. What especifically does your employer want to know?