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Hi all, I am new to forum. I am on j-1 visa until 6-30-2014. 2 year rule doesn't apply. My employer has decided to apply H1 for me. they have filed LCA and have agreed to pay for premium processing. My employer is exempt for H1 CAP as it is a research / educational medical university. My question is that if H1 petition by my employer is approved and a i-797 is issued, would I be able to start working right away or I would have to file a separate application for change of status from j1 to H1. I know if I leave USA then I will have to get an H1 stamp on my visa but I don't plan to leave USA soon. thanks
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As your employer if they filed H1 as Change Of status of as consular process. Alternatively If H1 approval comes in a new I-94 (at the bottom of the I797) then you have to work right away if not then you can work only after going out of US, getting h1 stamped at a US consulate and returning on H1 visa.Originally posted by sheeliboy View Post
This is my opinion not legal advice. -
My employer just filed for LCA and are waiting for its approval. They told me that they would hear 5/26/14. they have not filed the i-129 yet. But It seems like that I have to specifically ask them to file as change of status and not as consular processing.Originally posted by raghvi View Post
thanks for quick reply.Comment
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