QUESTION

J1 teach program- change to H status

Asked on Jul 05th, 2013 on Immigration - Texas
More details to this question:
I am about to enroll in a J1 TEACH program-If the school district I am working for wants to hire me on a h1b, can I apply for the 2y rule waiver and let them change my status without sponsor consent?
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
From your question, I assume that your J-1 visa has a two-year foreign residence requirement attached to it. The school district is allowed to hire you under H-1B visa status once you are free of the 2 year home residence requirement attached to the J-1 visa. Your sponsor does not have to give consent for the change of status once your J visa obligation is fulfilled. If the school district is thinking of sponsoring you and there is no cap quota for new H-1B cases, you should ensure that it is exempt from the requirement of a cap number. 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 Jul 09th, 2013 at 11:38 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters