J1 V.S H1-B For Teacher - - - - -(Mr. Rizzo)

Vince22
Junior Member



Joined: 11 Nov 2007
Posts: 20
Location: North York

Posted: Thu Feb 28, 2008 11:40 am

 

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Dear Mr. Rizzo,

Your help would be greatly appreciated. My fiance has been offered a couple of different teaching positions in the United States (Highschool and Elementary)

She has her undergraduate teaching degree and her Master's degree in education.

Our Questions:

J-1 Visa for teachers (through a 3rd party sponsoring organization)
If we decide on this visa, will she be subject to the 2 year home residency requirement at the end of the 3 years? Is it possible to switch from a J-1 to an H1 during the 3 years?

TN
We were advised by a lawyer in Toronto that she might be able to get through as a "Management Consultant" is this possible in your opinion?

H1B -Is it possible to file for an H1 after April 1st?

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sat Mar 08, 2008 2:59 pm

 

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She has her undergraduate teaching degree and her Master's degree in education.

Our Questions:

J-1 Visa for teachers (through a 3rd party sponsoring organization)
If we decide on this visa, will she be subject to the 2 year home residency requirement at the end of the 3 years?

Probably not.

Is it possible to switch from a J-1 to an H1 during the 3 years?

Yes.

We were advised by a lawyer in Toronto that she might be able to get through as a "Management Consultant" is this possible in your opinion?

That would be fraudulent. What does being a teacher have to do with management consulting? Steer clear of that lawyer unless you want to end up with criminal liability. The lawyer should be disciplined for even suggesting that course of action and is probably a criminal.

H1B -Is it possible to file for an H1 after April 1st?

Probably not, unless the petitioner is a cap-exempt school.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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Vince22
Junior Member



Joined: 11 Nov 2007
Posts: 20
Location: North York

Posted: Sun Mar 09, 2008 10:18 am

 

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thanks very much for your response
vince

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