Can you transition a J1 to H1B

[DF1432 0]

We're looking to get my sister-in-law over to the States under a J1 visa as the particular school district we're trying to get her employed with is only offering the J1.  Its time frame is at least 3 years with 2 possible 1-year extensions.  So a possible of 5 years under a J1.  Once she's been here a few years, how easy would it be to try and transition to an H1B?   Or even transition to a green card?

[Boiler 43,852]

H1b and GC needs an Employer to sponsor her.

 

Well unless she find someone to marry.

[Sinead91 243]

13 hours ago, DF1432 said:

We're looking to get my sister-in-law over to the States under a J1 visa as the particular school district we're trying to get her employed with is only offering the J1.  Its time frame is at least 3 years with 2 possible 1-year extensions.  So a possible of 5 years under a J1.  Once she's been here a few years, how easy would it be to try and transition to an H1B?   Or even transition to a green card?

Quite honestly, it depends on her skill set. Since she would be working for a university, they could sponsor an H-1B as they would likely be CAP EXEMPT, so no lottery is required.

 

The H-1B would allow her 6 years while she possibly files for an employment based green card, and then she could renew her H-1B until her GC comes in. The only snag with moving from J-1 to H-1B is if she would be subject to the 2 year home residency requirement (it all depends on country of citizenship and skills list). If she is subject, then she would need to file for a waiver to remain in the U.S. and transition to H-1B. 

 

 

What is the field of work/job title?

[DF1432 0]

Sinead91

She's a primary and secondary instructor with a master's degree and working on her doctorate.  We're attempting to get her to our Metropolitan area (Dallas) and the Dallas school district says they're currently only doing J1's, so I'm trying to look at the long run.  Let her stay for at least 2 years under the J1 and then find someplace that would sponsor the H1B hopefully.  I'm just trying to see the feasibility of it or if it's even possible at all.

[Sinead91 243]

OK, with a Masters and eventual Doctorate she would be eligible for specialty occupation. The process is fairly pain free once the employee is eligible. The tricky part would be finding an employer to do so in that field, but it is feasible. J-1 to H-1B is a very common route that I see here in my workplace (different field however), and relatively pain free, especially if there is no home residency requirement.

 

Also just an inside view from HR and employment: we rarely consider sponsoring someone in H1B if they are able to maintain status in J-1, we would only consider moving them once they've maxed out their time in J-1. Same goes for Green Card sponsorship. We rarely sponsor a green card as it is very expensive and not always a business necessity.

 

Hope this sheds some light!

[DF1432 0]

Sinead91

That's why I'm just trying to look ahead.  The J1 is good for 3 years then they're supposed to go to their home country for 2 years, but you can get up to two 1 year extensions.  So I'm just looking at once 2 years or so has passed trying to move over to an H1B (gotta give it appropriate time)

[Boiler 43,852]

Odd It would be subject to HRR

[Sinead91 243]

15 hours ago, Boiler said:

Odd It would be subject to HRR

Depends on the country of citizenship though. 
 

and I’ve seen some who usually WOULD be subject to 212e, not be faced with that requirement. I usually wait til the visa is in hand! 
 

OP, on what grounds are they going to be subject to 212e? 
 

 

[DF1432 0]

Sinead91

Looking at all the information the Dallas ISD is providing it shows going to their home country for 2 years after being here for 3 years.  As the J1 is a cultural exchange I guess it's just how they have it worked out (unless of course the two 1 year extensions are utilized as well).

[Sinead91 243]

On 9/8/2023 at 1:26 PM, DF1432 said:

Sinead91

Looking at all the information the Dallas ISD is providing it shows going to their home country for 2 years after being here for 3 years.  As the J1 is a cultural exchange I guess it's just how they have it worked out (unless of course the two 1 year extensions are utilized as well).

Yes, you're right. it is a cultural exchange! Certain categories allow for longer time. 

 

In summary: she can move from J-1 to H-1B easily, once she applies for the waiver in a timely fashion. But employment based visas are never as secure as family based sponsorship. Employment terminating leads to termination of status.