If I came to the US on a J-1 visa worked for 1 year in a company as an exchange student, can I change my status to H-1B visa?

It’ll be legal? Or when I can do this? I don’t have the 2 year home residency requirement. I also found an employer who is interested in me. If it’s possible, how long will this process take?

Asked on November 29, 2011 under Immigration Law, Maine

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you are not subject to the 2 year home residency requirement, if you have an employer who is willing to petition you for a H-1B, it can be done if the quota is not filled.  It will take about 3-4 months through regular processing.  If you want , you can have it submitted through Premium Processing for an additional $1225 USCIS filing fee.  That will guarantee a decision within 15 calendar days.  However, keep in mind that a decision does not necessarily mean an approval; it may be that you get a request for additional evidence within 15 days.


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