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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default J1 to H1b - Do I Need to Go Home

    Hi there

    I am in the USA on a J1 visa which expires in april 2010. I currently am working as a graphic designer and my employer is willing to sponsor me on a H1B. The 'two year rule' does not apply to me, so I'm wondering if it will be necessary for me to head back to my home country- Australia- to apply/change visas?

    I have not started the H1B application process yet, and I would be very grateful if someone could give me an idea on how long it can take to process. Do you think the 6 months I have left in USA is enough time?

    If anyone can point me in the direction of a good place to start (immigration attorney etc) would be much appreciated

    Thanks!
    Krystie

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 to H1b - Do I Need to Go Home

    If you're not subject to the 2 year rule, you can change your status from J1 to H1B. The problem I anticipate with not leaving the country is that you're probably going to have an October 1 start date for your H1B visa. Your employer should have experience with these issues, and should have an immigration lawyer who advises them.

    Six months should be sufficient; but if for some reason it's not you can always (pay extra and) take advantage of premium processing.

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