From J1 to H1B

[mimi3737]

Hello,

I am currently working under a J1 visa as an intern and i am NOT eligble for the 2 years rule. So i can come back in the USA after my J1.
My company is going to apply for a H1B, but the problem is that my J1 takes end on March 31st 2010.
I know that if i get the H1, i cannot begin to work before October 2010. It means that i will have to leave the US on April and come back on October.
So i would like to know if there is a way to stay leggally in the US between April and October? Is there like a J1 waiver or something like this? Because it s not really practical to stop working for few months and plus i have my boyfriend (who is american) here so we are really nervous if i have to leave for so many months.

Any help would be appreciated. If you have one or several solutions, please help me!!

Thanks a lot

[Kariboo]

How long have you been a J1?
Are you sure your company can only apply for a capped H1B?

[mimi3737]

Hello

I will be on the J1 visa for one yeat at the end of March. It connot be extended as a J1 can last only 1 year for an intern.
I think my company can apply for an E2 visa but it s much more difficult and a it gets rejected a lot.

Thank you for our link but i have not see anything about the solution of staying in america from april to october. They apparently say to apply for another visa. I cannot apply for tw visa in the asme time. my company would not pay that. And plus i dont have a lot of choice in the visa that i can apply too. Do you know if there is a waiver or something like that?

[Kariboo]

The way I read it is indeed that if you are only eligible for a capped H1B you would have to leave the country when your J1 expires (assuming that you would be granted an H1B).

However it may be in your companies best interest to temporarily apply for a different visa for you (if you are eligible such as L1, TN, O1, F1, H3 ) so you would be able to keep working. This is something you would have to discuss with them.

Again assuming that you can only apply for the capped H1b. If you can apply for a non capped H1B (if your employer is an exempt organisation) your employer can apply for you now and you would not have to leave the county.