J-1 to H-1

What is the name of your state? NY

Hi,

I am a J-1 exchange visitor at University A. I work as postdoc. My J-1 visa ends on July 31, 2005. I had a 2-year home rule which was waived in January 05 by the Dpt. of Homeland Security.

I would like to continue with University A, and they agreed. There is a discussion about promoting me to another higher rank which normally requires AA. This can be waived since this is a promotion. However, it is unclear to me whether, in order to get the LCA before filing for AOS to H-1B, the employer needs to go through AA, or if it is not necessary. This is essentially my first question: does the LCA for H-1B needs to show that I got promoted by following the rules of AA? Or can these rules be waived?

Secondly, assuming I am extended after July 31 on the same position (postdoc) which does not require AA, when is it best to file for the AOS? One possibility is to request it now but with a start date of Aug 1. In this case, after I receive the official decision (say around June), can I travel outside the country and return before July 31 on the J-1 visa? Another option is that I request an AOS with a start date before Aug 1. In that case, I know that I will need to go to the US embassy to get a H-1 visa stamp since I travel a lot.
So, my question is which option is better?

Thanks for any reply

First of all, do not confuse AOS which is adjustment of status to permanent residence with change of status which is what you would like to do in changing from one nonimmigrant classification (J-1) to another (H-1B). It leads to confusion and the two processes are very very different. SEcondly, I am not sure what you mean by AA as that is not an abbreviation I have ever encountered in talking about immigration issues.

If you change status from J-1 to H-1B, you cannot travel while the change of status is pending and, once approved, you cannot continue traveling on the J-1 visa but must secure a H-1B visa from the US COnsulate in your home country in order to travel.

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