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H1B visa transfer to J1 visa

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Raji09

Junior Member
What is the name of your state? TEXAS

I came to USA on J1 visa and obtained waiver for 2 year home residency requirement and converted to H1B. I am a research scholar.

I could not apply for Green card due to frequent change in employment. Now I need H1 extension and I have short time.

Can I transfer my visa again to J1? Is H1B to J1 conversion possible?

Please advise.
 
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ImmigAttyLana

Senior Member
Yes, it is possible to convert back to J-1 but if that again invokes the 2-year home residency requirement, this would be a rather stupid move. Why can you not do a H-1B extension if you are already working for the employer in H-1B status?
 

Raji09

Junior Member
H1B 6th year

I could not apply for green card all these time due to my employer problems.
Now I have 12 months left for my 6 year H1 visa expiry.
I am applying now for I-140 in EB2 and EB3 category but 365 day rule applies here and the time is not sufficient.
So, I am thinking of changing to another visa (J1) as I need to support my family. For two year home residency rule I can get waiver like I did last time when I was on J1.

Is there any other alternative.
 

ImmigAttyLana

Senior Member
Well, I cannot see how you can file the I-140 for EB2 and EB3 without first having an approved labor certification. Secondly, if you somehow do apply for the I-140, your change of status to J-1 will be denied automatically because J-1 does not allow for immigrant intent and the filing of I-140 clearly shows immigrant intent. As for your H-1B, you can try to recapture time in H-1B status, if applicable to you and try to see if there are other strategies that might work in your particular situation.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

Cris16

Junior Member
J1Visa to H1 visa transfer

Hi,

I am here on H1B visa from last 6 years. My wife is doing residency on H1B visa.
Now i am completing 6 years of H1B visa and as per rule, I should go out of USA for 365 days.

Can we convert My wife's H1B visa to J1 visa to get J2 visa for me. Is ther any consertains/ Pros/cons. Please explain.
does that limit of 365 days still applies to me?

Regards
Chris
 

ImmigAttyLana

Senior Member
If your wife's J-1 would result in a 2-year home residency requirement (most typically for MDs in residency programs) that would be far worse in the long term, I should think than having to go outside the US for one year.
 

Cris16

Junior Member
J1 to H1 Transfer

My wife is planning for super speciality, which most hospitals offer with J1 visa only and is for 3 years. If my wife switch her H1B visa to J1 and does her super speciality after residency. so if my wife switch to J1 visa now, she will have J1 visa for 5 years. Will i be eligible to get J2 visa for 5 years? will that 356 days H1 condition still applies to me?

Regards
Chris
 

drkinjaldesai

Junior Member
Need help regarding conversion of H1b to J1 Visa

Hello,

Could you please help me on how to convert H1 B to J1 Visa .
I need the details of the procedure.
I am on H1 B since last 6 months and will have to convert it to J1 Visa once i get into residency next year in march. Also, how long does it take to get the J1 Visa once applied and do i have to go to india for the procedure or can i still do it while i am in US.

THanks a lot for your help and support. I can also be reached at [email protected]

God Bless you
 

Proserpina

Senior Member
Hello,

Could you please help me on how to convert H1 B to J1 Visa .
I need the details of the procedure.
I am on H1 B since last 6 months and will have to convert it to J1 Visa once i get into residency next year in march. Also, how long does it take to get the J1 Visa once applied and do i have to go to india for the procedure or can i still do it while i am in US.

THanks a lot for your help and support. I can also be reached at [email protected]

God Bless you
Please start your own thread. Thanks!
 

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