QUESTION
Is the rule of 365 days out-of-US rule still applies when I am swiching from H1B to J1 and then to J1 waiver as I will be on H1B status during J1?
Asked on Jul 15th, 2015 on Immigration - Tennessee
More details to this question:
I came to US Sept 2009 on H1B for residency. After completion did 1 yr. work and the joined a fellowship in a University Program. Never filed for labor certification/green card. As I am running out of 6-yr term of H1B, filed for J1 switch which is still pending (which I am hoping any day from now). Currently I am searching for a J1-waiver (2yr-home-country rule) job. While doing that, the question came up that whether I have to maintain the 365 days out-of-US rule even if I get a J1-waiver job. As you know while doing the J1 waiver job, I will be on H1B status. So the question is do I have to be out of US before I start J1 waiver job for 1 yr. ? Is the any way I can start working on J1 waiver job without going out of the country?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you are seeking a change of status in the U. S. from H-1B to J-1, you are allowed to remain in the U. S. but not work during the pendency of the U.S.C.I.S. adjudication. If U.S.C.I.S. approves your change of status, you can work under J-1 status without leaving the country. You are not subject to a 365 day during the J-1 status job, but the rule kicks in if you wish another stretch of time under H-1B status. You and your potential H-1B employer may consider starting a labor certification for you ASAP. 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.
Answered on Aug 08th, 2015 at 7:30 AM