Ending J1 Program to Apply for H1B.

[joyjoy14]

Hi! Im currently on my J1 program that will expire next year, June 30, 2019. I have found a company to sponsor my H1b now. Can my H1b be filed even if my j1 sponsoring agency states that I cannot change my status while in the exchange program?

Thabks in advance for your response!

 

[FlyingRon]

The sponsor really doesn't have much to say in it. However, they may now have just cause to terminate your visa. If you're not already in the change of status, you are now illegally present (you don't get a 30 day grace if they terminate you from the program). Further, you may still be subject to the HRR even if you don't get terminated.

 

[t74]

The 2019 H-1B visa lottery is over. The earliest a cap subject company could file is in April 2019 for an Oct. 1, 2019 start. Companies are not likely to be cap exempt and able to file for a start date other than through the lottery.

 

[joyjoy14]

Thanks for your response, Flying Ron and t74. Luckily, my employer is CAP exempt and I am not subject to 212e I have a few more questions, though:

1. What will happen if my employer applies for my H1B even if I will not complete my J1 program? Note that I am on my 4th year as j1 and my DS 2019 expires June 30, 2019. My j1 sposoring agency though idicate in their terms and condition that I should not change visa status during the program.
2. When will my j1 sponsoring agency be notified that I am changing my status?If they will be notofied will they force me to go home to my home country since I fail to complete the j1 program?

As of now, my employer is applying/posting (I dont know the proper term to use) for LCA.

 

[t74]

Your potential employer's attorney or one you engage should review your contract with your J1 sponsor to see what your obligations to them are.

If they require that you return home, do so and take a vacation while your H-1B sponsor completes the paperwork. You can then get the H-1B tamped and return. Problem solved.

 

[joyjoy14]

I see, t74. Thanks for your response. As much as possible I don't want to go home while awaiting for my H1B. I just hope that thibksnwill work out in my favor. Thanks again!

 

[FlyingRon]

It's not the sponsor that requires the return home, it's the home country.