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  1. #1
    Join Date
    Mar 2016
    Posts
    3

    Default Will Your J1 Sponsor Be Informed if an Employer Applies for a H1B Visa

    Hi,

    I am currently on a J1 visa valid until the end of 2016 and I am not subjected to the 2-year rule.

    Recently, my company offered to apply for an H1B and I checked with my sponsor if that was fine. The sponsor agency said that, both me and my employer signed an agreement were it was indicated that upon completion of the program I intended to return to my home country and not to attempt to stay in the U.S. They threaten to terminate my J1 if I even sent the H1B application. They even said that if I send the application they will get notified...I have never heard that before.

    My questions are:

    Is it true that if I apply for an H1B my sponsor agency will be notified or that only happens if I apply for COS instead of consular processing?

    Does the USCIS report this application to the SEVIS system at all? (I'm assuming the sponsor agency has access to SEVIS)

    Finally, can they really enforce such condition? I mean, if I was planning to go back home anyway and then I return with an H1B, isn't it my right to do so?

    Many thanks!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will Your J1 Sponsor Be Informed if an Employer Applies for a H1B Visa

    Never sign an agreement with which you do not intend to comply. Have all of your documents reviewed by an attorney.

  3. #3
    Join Date
    Mar 2016
    Posts
    3

    Default Re: Will Your J1 Sponsor Be Informed if an Employer Applies for a H1B Visa

    Quote Quoting T53147
    View Post
    Never sign an agreement with which you do not intend to comply. Have all of your documents reviewed by an attorney.
    Well, at the time it was my university who dealt with the sponsor agency and no one informed me of that clause (I just made sure that there was no 2-year rule included). Even my H1B lawyer said it was the first time he saw this kind of obstacle and thought it might be disputable...however, that would imply way more fees that I can't afford.

    My main question is: Does the H1B application modify in anyway your SEVIS record or any other system that might send a notification to my J1 sponsor agency?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will Your J1 Sponsor Be Informed if an Employer Applies for a H1B Visa

    The H1B application does not affect your J1 status. I see nothing that would suggest an automatic report by the USCIS to SEVIS for a J-1 visa holder's pending H-1B application.

  5. #5
    Join Date
    Mar 2016
    Posts
    3

    Default Re: Will Your J1 Sponsor Be Informed if an Employer Applies for a H1B Visa

    Quote Quoting Mr. Knowitall
    View Post
    The H1B application does not affect your J1 status. I see nothing that would suggest an automatic report by the USCIS to SEVIS for a J-1 visa holder's pending H-1B application.
    Thanks! I don't think so either, but that is what the sponsor agency suggested will happen...

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