Can I transfer to a H1B visa under a J1 visa even if the J1 program duration has not yet ended?

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Can I transfer to a H1B visa under a J1 visa even if the J1 program duration has not yet ended?

Asked on June 6, 2013 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can submit a H-1B change of status petition from J-1 even if the program has not finished but only if the H-1B annual quota has not been reached or if you are not subject to the quota.  At the present time, if you have not ever held H-1B status, you are subject to the annual cap and that cap has been reached.


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