In order for U.S.C.I.S. to consider a change of status from J-1 to H-1B from someone who is subject to a two-year residence requirement, you would have to show proof that the Department of State has given you a recommendation that your J residence requirement be waived. In addition, you would only be able to change status to H-1B at this time if you are working for a cap exempt employer such as an institute of higher education, a nonprofit organization affiliated with an institute of higher education, a nonprofit research organization or a government research organization. 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
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