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F1 to J1 to H1B

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  • F1 to J1 to H1B

    Hello All,
    Before I start with my question, a little about my current situation:

    [B]Present: [/B]
    I am currently on my OPT on my F1 visa. I haven't applied for OPT extension (for which I am eligible since my Ms falls under one of the STEM categories).

    [B]Issue: [/B]
    The company for which I am working is a non profit research organization funded mainly by a private university and some pvt and government agencies.
    My company has to follow the guidelines of university for doing H1 which says, [I]' For research scholars, the university will do the J1 visa sponsorship and after J1, they are willing to go for H1B'[/I].

    [B]Caveats: [/B]
    I'm sure you all must be familiar with the 2 year residency requirement when on J1 visa. My company (basically university) has promised to help me in applying for waiver.
    I really like the work that I am doing here and wish to continue but would like to know if it is feasible or let's say should I even consider taking [B]F1 -> J1 -> H1B[/B] route. I won't be able to go for completing my residency. My company had initially informed that they do H1B but didn't tell me this is the route that they take.

    [B]My Questions: [/B]
    I have two options:
    1. Continue my Job.. go for J1 and take a leap of faith that my NORI application will be accepted..
    2. Apply for STEM extension on my OPT.. start hunting for a job that would directly provide H1B.. and leave this company as soon as I get an offer.

    I would like to get all of your views/ suggestions/ alternate options.. anything on this.

    Continue with F1 -> J1 -> H1B (take a chance)
    Look for a new Job which will do F1 -> H1B directly
    Other (In the comments)

    The poll is expired.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (Jan 6th)


      • #4
        My personal opinion you should go for option 1 - I feel getting J-1 is easier and hassle free compared to STEM approvals (but I may be wrong). Plus, since this is a non-profit you will face no cap limit for H1-B in your current position. If you don't mind, can you inbox me?


        • #5
          Stem approvals should not be any problem , please correct me if Iam wrong


          • #6
            i am not sure u are eligible for wavier for 2 yr home country requirement .. As it has lot of rules and i dont have much info about u r situation ..

            As immigration point of view i suggest 2 option ..
            Reason for my suggestion is
            1 i am not sure u eligible for wavier
            2 if u want to transfer to cap subjected employer u need to file a cap subjected h1 if u ever only have cap exempted h1.


            • #7
              Well apparently just got to know that I cannot apply for extensions in my company.


              • #8
                It is my opinion that continuing with the job you have now is the best course of action, but you should really look into the options carefully by asking further questions at the advisory office. I would say that continuing with F1 to J1 to H1 B would be a good choice for you except it comes with its share of risk – It is not easy to get a residency waiver. Would you be willing to go back to your home country if the J1->H1 does not work out as planned? Of course it is down to personal opinion and others may have a different view.