Put simply, the USCIS
United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…
Full Answer
Can I transfer my J1 visa to H1B?
A petition made by an exempt employer will not be added to the cap but will be subject to the same eligibility checks as any other H1B petition. To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.
What is the difference between J-1 and H1b?
Another significant advantage is that an alien can apply for a J-1 visa stamp at a U.S. Consulate Abroad directly after receiving the DS-2019 form whereas an individual applying for H-1B must receive an approved petition from USCIS before applying for their visa.
Do you have to go back to your home country on J1?
Where your J1 visa has a two-year home residency requirement, you must return to your home country at the end of your period of J1 status and reside there for two years before you can apply for any further work-based US visa. However, you may be able to apply for this requirement to be waived if you can satisfy one of the following conditions:
Can a H1B visa holder apply for a green card?
H1B status holders may become eligible for a Green Card and permanent residency if they stay and work in the US for the six-year maximum allowed under the H1B visa. With H1B status, your spouse and children may accompany you to the US under an H-4 visa. This status will remain valid for the duration of your H1B visa.
Can I change from J-2 to H1B visa?
J-2 Can Obtain Other Status by Consular Processing It means that they cannot transition to a status other than H-4 from within the United States. They can avail themselves of other status options, including H1B, through the consular processing option once the primary spouse is granted a waiver.
Can I convert J1 visa to H-1B?
To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.
Can a J2 visa change status?
Generally J-1 and J-2 Exchange Visitors who are subject to the two-year home-country residence requirement are prohibited from changing status within the U.S., except to A or G status. It may be necessary to return home and apply for the new visa type there.
Can J2 visa be converted to F-1?
A person in the US as aJ2 visa holder may change to F1 without leaving the US. Being "subject" to the 212e foreign residence regulation does not prevent a J2 from changing to or returning to the U.S. in another visa status, such...
Is H1B better than J-1?
The H-1B visa offers the following advantages over a J-1 visa: H-1B status lasts for three years and can be extended for three more years. If you remain in the U.S. and work for the entire six years, you will be eligible to apply for a green card. The H-1B visa allows you to stay in the U.S. for longer than a J-1 visa.
How can I stay in USA after J1 visa?
Visitors can transition from the J-1 visa to permanent residence in two different ways. They can also decide whether or not they want to take advantage of consular processing and make a status adjustment. An adjustment of status requires the joint cooperation of the visitor's employer and the visitor.
Can J-2 visa holder work in USA?
J-2 visa-holders are authorized to work in the U.S. as long as they obtain an EAD (Employment Authorization Document) card from the U.S. Department of Homeland Security. Currently, EAD cards are taking up to 90 to 120 days to process.
How long is a J-2 visa good for?
2 yearsJ-2 Visa Validity If your spouse with a J-1 has a visa valid for 2 years, your J-2 visa will be valid for the same time. If the J-1 visa holder applies for a visa extension and is approved, you are also eligible to apply for an extension. When your extension is approved, you will get a new DS-2019 form.
Can J-2 visa holder study in USA?
What privileges do I enjoy on a J-2 Visa? A J-2 may enter the United States along with their J-1 spouse or parent or join the J-1 while participating in their exchange program in the United States. They may study or work while in the United States.
Can you go from J-1 to green card?
Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. There are a number of problems with attempting to transition from a J1 to a green card.
Can J-1 visa apply for green card?
Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.
Can I change from J-1 to F-1 visa?
Applications to change to F-1/J-1 status may be submitted to the USCIS up to six months in advance of the start date on Form I-20/DS-2019, but may not be approved by the USCIS until 120 days or less before the start date.
Can I do residency on J-2 visa?
Yes you can do residency on J2,but you need to get an EAD along with J2.
Is a J-2 considered a resident?
In general: F and J student visa holders are considered resident aliens after five calendar years in the U.S.
Can a J-1 visa holder apply for green card?
Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.
2 attorney answers
H-1B sponsorship requires a qualified employer to petition the U.S. Government on behalf of intended H1B Beneficiary by retaining a licensed immigration counsel for the Government approval to permit skilled Beneficiary to the United States to performed skilled work. In order to apply for an H-1B visa: 1.
Alexander M. Ivakhnenko
H1B options may be considered if counted in the H1B lottery. Otherwise, your own J-1 may be available or other visas.
How many statutory bases are there for J-1 waiver?
There are five statutory bases from which you can apply for a J-1 waiver. These include:
Can dependents work with H-4?
While the H-1B allows dependents to work in the U.S. through their H-4 status, this is not granted automatically. An H-4 holder will need to apply for Employment Authorization Documents, which is only granted if the principle H-1B holder has an approved I-140 petition for a green card filed with the USCIS.
Can I get an extension for an H-1B visa?
Moreover, if an individual with an H-1B visa also has a Labor Certification or a pending I-140 for a year or more, ISSS may request extensions (yearly) until their status is adjusted to Permanent Resident.
Can a J-2 visa be used without an I-140?
On the other hand, J-2 visa holders (dependents of J-1 holders) can usually seek employment authorization without having to have an I-140 filed.
Can IMGs get waivers for home residency?
Often , J-1 IMGs will opt to seek a waiver of the home-residency requirement. The most common avenue for such waivers is sponsorship by a State Department of Health (Conrad 30) or another interested government agency (IGA) program to provide clinical medical care for a three-year period in a federally designated areas that have a shortage of physicians or populations that are medically underserved. This three-year service period must be completed in H1B classification.
Can a J-2 spouse work on an EAD?
Dilemma for J-2 Spouse Working on the EAD. It is fairly common for J-2 spouses to be employed in the United States with a valid employment authorization document (EAD). However, this option disappears once the J-1 spouse changes status to H1B to perform the required three years of waiver service.
Can a J-2 nonimmigrant be a H1B?
In the past, the U.S. Citizenship and Immigration Services (USCIS) routinely accepted and approved applications by J-2 nonimmigrants for change of status to H1B or another applicable, valid employment authorized nonimmigrant status after a waiver was granted to the primary spouse on J-1 status. This held true even during the time when the former J-1 primary family member was working toward completing the three-year service obligation in the designated shortage or underserved area. However, under current interpretations, this is no longer permitted.
Can J-2 spouses be H-4?
This interpretation does not mean that such J-2 spouses are forced to spend three years in H-4 status. It means that they cannot transition to a status other than H-4 from within the United States. They can avail themselves of other status options, including H1B, through the consular processing option once the primary spouse is granted a waiver. The USCIS will process H1B petitions filed for such individuals and, if everything is in order, approve the petitions for consular processing. Consequently, such individuals can depart the U.S. and apply for H1B visas to permit their return trips to the U.S. in that status after the waiver of the home return requirement is approved. The same is true of other nonimmigrant statuses for which one may be eligible.
How to transfer J1 visa to H1B?
To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process. Firstly, your employer must submit a Labor Condition Application (form ETA-9035) to the United States Department of Labour to be certified. The Labor Condition Application (LCA) ...
What is an H1B visa?
An H1B visa is used by US employers to recruit foreign graduate and specialist employees. It is a non-immigrant, temporary worker visa which requires an offer of employment from a US employer.
How many H1B visas are there in 2019?
The H1B annual visa cap limits the number of H1B visas that are made available each year. The regular cap for 2019 was 65,000 , with an additional 20,000 visas available to applicants holding a master’s degree.
How long can an H1B visa be used?
An H1B visa permits the holder to stay and work in the USA for up to three years, with the option of extending your stay to a total of six years, provided you continue to hold qualifying employment.
What degree do you need to get an H1B visa?
The duties involved in the job are so complex and specialised that they require a knowledge level generally associated with a person who holds a bachelor’s or higher degree . A key consideration will be the likelihood of being granted an H1B visa.
Who pays for H1B?
There are numerous costs associated with the H1B application process, some of which will be paid by the employer or sponsoring company, while others will be the responsibility of the employee. The employer is legally required to pay the following petition fees: Basic Filing Fee. ACWIA Fee.
Who is responsible for paying for visa application?
The employee has the responsibility of paying for their visa application at their local US embassy or consulate.