Barry C Schneps

Can You Change J1 to H1 Visa

Can You Change J1 to H1 Visa

There are many individuals in United States on JI visa and wish to get a transition to H1 visa. They wonder that whether it is possible or what is the process.

However, yes it is possible but there are specific requirements and steps that are involved.

In this article, I will tell you in detail that what are these visas and how you can change from one visa to another. Keep reading till the end as I will also tell that why having an expert attorney is important throughout the process. Let’s get started.

What is J1 visa?

The J-1 visa, also known as the Exchange Visitor Visa, is designed for individuals participating in approved exchange programs. The visa is primarily used for purposes such as cultural exchange, training or internships, academic exchanges, and Au Pairs or Camp Counselors.

However, there are some restrictions as well. People who have the J1 visa are supposed to follow the two-year home residency requirement. It means that the individual has to return to their home country for at least two years after completing their certain program and before applying for other visas.

Also keep in mind that it is a temporary and tied to specific exchange programs only.

What is H1 visa?

The H-1B visa is a work visa that allows U.S. employers to hire foreign workers in specialty occupations. The occupations generally require a bachelors’ degree or specialization in fields like IT, engineering, science, finance, or healthcare.

This visa allows living and working in United States. It is initially granted for three years with the extensions of further years. The individuals with this visa can also pursue for a green card.

Can you change J1 to H1 visa?

Here comes the main question of today’s article which is that if an individual is having a J1 visa can he switch it to H1 visa?

The answer is yes, but there are specific requirements and restrictions that are involved in the process. The two-year home residency requirement can complicate the process, depending on your circumstances.

If You are NOT Subject to the Two-Year Rule: The process is relatively simple and you can apply for a change in status of the visa while staying in the United States. However, the employer must sponsor you the visa.

If You ARE Subject to the Two-Year Rule: You must obtain a waiver of the policy. The common grounds for the waiving the policy includes:

No Objection Statement: It is a statement that is issued by your home country in which they state that your home country has no objection, if you move to U.S.

Exceptional Hardship: If returning to your home country can create hardship for your spouse or child, then you avail the exceptional hardship.

Persecution: If you return home you might have to face persecution.

Requirements to Change J1 to H1 Visa

If you are eligible for the changing the visa there are some specific requirements that an individual has to follow to get their visa status changed.

Find an H-1B Sponsor: To get the H1 visa you need to get an offer from a U.S employer and they have to sponsor you the visa. Also the occupation they are offering should be referred as specialty occupation.

File an H-1B Petition: Your employer must file a Labor Condition Application (LCA) with the Department of Labor and then submit Form I-129 to USCIS to petition for your H-1B status.

Waive the Two-Year Requirement (if applicable): If you are subject to the two-year rule, you must apply for and receive a waiver before the H-1B application can process further.

Meet the H-1B Qualifications: You must have the required qualifications and skills that are required for the job.

H-1B Lottery (if applicable): Since the H-1B visa has an annual cap, your petition may need to go through a lottery process if the cap has been reached.

The Need of an Expert and Dedicated Attorney

The process of changing the visa status from J1 to H1 Visa can be procedurally and legally challenging. If you are subjected to the two year home residency requirement then it can be more challenging and hard for the individual.

These are some reasons that make consulting and seeking help from an expert and experienced immensely important.

Mr. Barry C. Schneps is the most trusted and experienced in United States for immigration queries. He has a deep and well understanding of how the U.S works and how to always stays ahead of it. He has been working in the law from decades and has helped several clients to get their visa up gradation done.

He provides personalized consultations, ensuring every step of the process is handled efficiently. From filing the waiver to submitting the H-1B petition, Mr. Barry ensures all legal requirements are met.

If you are one of those who are also struggling to get your visa up gradation done, do contact Mr. Barry today.

Final Thoughts

Changing from a J-1 visa to an H-1B visa is achievable but involves navigating several legal and procedural steps.

Whether you are subject to the two-year home residency requirement or not, understanding the process and meeting the necessary qualifications is critical.

Partnering with an experienced attorney can simplify the complexities and increase your chances of success.

Immigration laws can be intricate, and expert guidance ensures that no step is overlooked. If you’re ready to make the switch, take the first step with confidence and seek the support you need for a smooth transition toward achieving your career and life goals in the United States.

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