J1 to H-1B, change of status whilst in the USA

[lucygoodbody91 0]

Hi there,

I am currently working as a camp counselor on a J1 visa which is NOT subject to the two year rule and am looking to change status to the H-1B to become a dance teacher in San Francisco. I Have a company who are willing to sponsor my visa change,

Can I remain in the country while my H-1B is being processed even after my one month grace period? And if denied how long I have to leave the country and if future entry will be effected?

I am feeling lost in terms of what my next steps are and was wondering if anyone has gone through the same status change? The company are hoping to send off the paperwork in the next few days so USCIS will receive my petition before the end date on my I-94.

Thanks!

[aaron2020 11,651]

Hi,

The 2016 H1-B allocation is already full. The next opportunity for your potential employer to file is April 2016 for the 2017 H1-Bs.

You can not stay here. You must leave before your I-94 expires.

You also need to look at the requirements for an H1-B. It's highly unlikely that you would qualify for one to be a dance teacher. H1-B tends to be STEM jobs for engineers and scientists.

Has your potential employer consulted an immigration attorney?

Best of luck

Edited July 19, 2015 by aaron2020

[Penguin_ie 5,986]

**** Moving from AOS from Tourist Visa to Work visa, as the AOS process leads to a greencard and Op is asking about a H1B work visa. *****

Op, I agree with Aaron's answer. Your potential employer's lawyer should look into a sports or entertainer's visa, if you are well known enough for that. These visas are always handled by the employer's immigration attorney, not the visa holder.

[Boiler 43,433]

The only thing that makes any sense is if this is for a non profit. I agree with the lawyer but often people use company and lawyer interchangeably.