approved h1b petition before completing 2year residency rule of J1visa

Generally speaking, U.S.C.I.S. is not supposed to approve an H1B petition where the two-year foreign residence requirement of a J-1 visa has not yet been satisfied. If you somehow managed to have the H-1B petition approved and you are attempting to obtain the visa in your passport, the Consulate may very well send the approved petition back to U.S.C.I.S. for possible revocation. Even if it does not, it would not give you an H1B visa to work during the time that you are still subject to the two-year requirement. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.