If I’ve been living in the U.S. for 5 years on J2 visa and recently opened a small business, can I change my visa from J2 to H1?
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If I’ve been living in the U.S. for 5 years on J2 visa and recently opened a small business, can I change my visa from J2 to H1?
Is that possible? If so, how can I do that? To date, I have been working and paying my taxes.
Asked on June 8, 2015 under Immigration Law, Pennsylvania
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you have not had a H-1B before, the petition would be subject to an annual quota which has already been filled for the upcoming fiscal year.� The earliest that a company can petition you for a new H-1B would be April 1, 2016 with a start date of employment on October 1, 2016.� Furthermore, for a H-1B, the position has to be in a specialty occupation, meaning one that requires at least a bachelor's degree or its equivalent.
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