J Visa Questions

Hey All,

Got a job in the States and am going down on a J visa. Couple questions:

1) If on the J visa, my employer likes me and wants to keep me, can I apply for an H-1B with the same employer?

2) At the end of my J visa, would I have to leave the States before applying for a new visa? (I am a Canadian citizen). I am confused, if I am exempt from having to leave the country for 2 years before I can apply for a new visa.

Any help is appreciated

The H1B has been a tougher visa to obtain in recent years with so many people applying.

Another visa to consider is the TN. Verify if you qualify for this visa, it may be a good option to start and then apply for your H1B while on your TN.

Here is some information to help you:
http://www.tnvisaexpert.com/services/qualify/

I was going to apply for a TN visa, but found that I did not 100% fit the criteria, as my job is based more on sales and development than technology. I am also a recent grad, and as such, the J visa fits.

I've spoken with a number of lawyers since posting and have found out that one can apply for H-1B from a TN or J visa. Therefore whichever suits you most (J or TN) is the one you should go for.

I was going to apply for a TN visa, but found that I did not 100% fit the criteria, as my job is based more on sales and development than technology. I am also a recent grad, and as such, the J visa fits.

I've spoken with a number of lawyers since posting and have found out that one can apply for H-1B from a TN or J visa. Therefore whichever suits you most (J or TN) is the one you should go for.

Jenn you can change status from J-1 to H-1B, but you need to be ready to apply for H-1 status by April 1, 2008, and cannot have a start date earlier than October 1, 2008. (Unless the employer is cap-exempt.)

I don't have enough facts to determine whether you would be subject to the foreign residency requirement, but its doubtful unless the sponsor is a government-funded program. Most of the folks who get hit with that requirement are physicians.

Also keep in mind that even if you were subject to the foreign residency requirement, you could still change status to TN-1, but not H-1b.

Good luck.

Thanks for the response. It confirms the info I have been given, which is always a nice thing.

All the best,

Jenn