H1B- consular processing or adjustment of status?

[enjay]

Hi,

I'm a J1 physician about to start my J1 waiver. I am currently in the US on J1 status and have never had a J1 stamped in India (came to US on a B1 5 years ago.) I want to go home before starting the job, and my lawyer suggested getting consular processing for H1B as that would allow me to travel home while the application is in process, rather than going for adjustment of status which would require me to stay in the US until the application is approved.

Does anyone have experience with this? Is there a chance of rejection because of the fact that I came to US on a B1? What are my options in case of a rejection?

Thanks!

[immihelp]

Adjustment of status is the term used only for green card processing.

Therefore, what are you saying does not make exact sense.

If you are subject to J1 home country residence requirement, until you get a waiver, you can't change your status to H1.

[kabkaba]

By adjustment you mean change of status. If you have already received a waiver for home residency requirement (or not subject to it), it does not matter whether you do consular or change of status.