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maddy12390

Adjust status from J1 to H1B?

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Hi there,

I am looking into a J1 visa and I read something about an INA 212 (e) which states that after your J1 visa expires, you must leave the US and reside in your home country for 2 years before you can apply for permanent residence or another visa.

However, I am wondering if it i possible to adjust status from a J1 visa to an H1B visa?

Thanks!

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Are you subject to the 2 Year HRR?

Applies to a minority.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Home residency requirement.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If there is a 2 years HRR, then you can not adjust status.

With the 2 years HRR, you are required (2nd R) to return home for 2 years unless you can qualify for a waiver from your sponsor.

Not all J-1 have the 2 years HRR. Some do. Some don't.

Edited by aaron2020

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You can check your Visa on your passport. If the anotation says ' Subject to the 2 Year Rule' then you cannot change status until you fullfil the 2 Year Home Residency Requirement of your J1 visa. However, you can apply for a waiver to waive that rule. Although its a long and costly process. We are talking about 6-12 months process.


Adjustment of Status Timeline from J1 Visa

05/13/2015 - Sent I-485/I-130/I-765/I-131 to USCIS.

05/18/2015 - Received I-797 NOA with Receipt Numbers.

05/25/2015 - Received Biometrics appointment letter

06/10/2015 - Biometrics Appointment done

06/15/2015 - Received RFE letter dated 6/9/15

07/08/2015 - Sent reply to RFE

07/14/2015 - USCIS confirmed receipt of our reply to RFE

07/25/2015 - I-131 AP approved

07/27/2015 - I-765 EAD approved

08/04/2015 - USCIS sent EAD/AP

08/05/2015 - Received EAD/AP approval notice
08/14/2015 - Received EAD/AP card

12/03/2015 - Interview scheduled for January 8, 2016

01/08/2016 - Interview. I-485 AOS approved

01/10/2016 - I-485 and I-130 approval notice mailed

01/12/2016 - 'New Card' was mailed

01/15/2016 - Received Green Card.

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