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J1 to H1B

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  • J1 to H1B

    1. What are the chances of doing this?
    2. How soon do I need to apply for the waiver?

    thanks,
    -nairSaab

  • #2
    J1 to H1B

    Not Legal Advice:

    If you don't have a two year home residency requirement then you file the form and hope they approve it.

    If you do then you need to obtain a waiver. This is a tricky business and one you will definitely need a realy good attorney for.

    I have heard they are rarely granted but the most likely chance is the Interested Government Agency waiver. This is where a government agency applies for a waiver on your behalf because the government needs your skills.

    The other way is to get a waiver based on the Exceptional Hardship grounds. This is where you have to show exceptional hardship to a US Citizen (NOT Permanent Resident but an actual Citizen) will result if you were to be forced to remain outside the US for two years. These waivers are much more difficult (if not impossible) to obtain.

    There may be other grounds for a waiver but I can't remember what they are right now.

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