Can I change from a J-1 visa to an H1-b visa?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I change from a J-1 visa to an H1-b visa?
I’m from Portugal and this is my third year in the U.S. with a J-1 visa as a teacher in NC. Can I be hired by another school and change from J-1 to an H1-b visa or do I
have to leave the country for 2 years and apply again? Additionally my husband, also from Portugal, has the J-2 visa now as my dependent. Can he apply for an H1-b visa? If he gets the H1-b visa, can I have the H4 and be able to work?
Asked on December 10, 2016 under Immigration Law, North Carolina
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
FIrst of all, you can only change to H-1B if your J-1 does not have the 2 year conditional residency attached to it. Secondly, you can only change to H-1B when there are visa numbers available. As you may know, the past few years there has been a H-1B lottery because there were many more petitions filed than visas available. It will probably be the same situation this April. The earliest possible filing date for a new H-1B (assuming you are not subject to the 2 year conditional residency) is April 1, 2017. If your husband gets a H-1B through the lottery, then wonderful. If not but you do, in H-4 status he is NOT eligible to work whereas he IS as a dependent J-2 status.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.