Sinead91

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?

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!

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?

Carry the letter with you, but the chances of them asking about it are slim to none. Don't lie to border patrol but don't offer up information unless asked. Since you have a connecting flight, I can't imagine them giving you any hassle at all.

First option: Time: It depends from employer to employer. I mostly file H-1Bs and for our TNs, they leave the U.S. and come back and border process as it's usually cheaper for them. We allow 4 weeks for everything to put together TN I129 documentation, plus an additional 15 days for the premium processing. So that's a total of 6 weeks (that's what we calculate where I work, because we balance J-1s, H1Bs, TNs and other visas) Without premium processing ($2,500), you case can take 2 months. (that's what USCIS says right now). So there are a few things you have to consider, and also, your employer has to consider. Second option: No. An i129 is not required to border process. They can if they want, but we do not practice this. We complete a letter, detailing and outlining the work that will be completed. See below from USCIS. If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer: Proof of Canadian citizenship; Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and Credentials evaluation (if applicable), together with any applicable fees.

The employer must be the one to file the i129 for you, you cannot. Petitioner = employer Beneficiary = employee. If you remain in the U.S. and begin with a new position, the new employer needs to file the i129 on your behalf and pay the filing fee. You will likely be expected to cover the premium processing also as you need an approval notice to start this. The other option is the leave the U.S. and re-enter with the new letter from your new employer.

That sounds like it may be an error. When I file H1Bs at work, the USCIS form is very trippy and will put the Beneficiary name in the Petitioner box all the time and I need to manually change it. That's what it sounds like to me!

Have you called USCIS?

How do you know they reused your biometrics?

What is the basis of your adjustment of status? Marriage to USC? When did you file? The benefit of filing for STEM OPT is that you can expedite the i765 now ($1,500), so you can continue to work.

Thanks, that's a good learning point. I'm not familiar with G visas so wasn't able to find the relevant info, but looks like you have your answer. As for your PD for your i140, let us know what your counsel advises you of. These are rare cases and from others I've seen online, no one comes back to update on how it proceeds. good luck!

Following for info. I also have questions, why do you think you need to leave your H-1B status? Your status is not dependent on your spouse's employment, so I do not think that you would need to move to a G4 dependent status, and cannot find anything that states otherwise but would be curious to see what an attorney would say. What was the basis for your i140? EB2? PERM? It could be straightforward but there seems to be a few moving parts with the H-1B, i140 and a G1/G4.

If you find a new employer they would need to file a new H1B for you. You can only change employer / extend an H1B when you are in H1B status, which you are not currently.

I do not think it is likely that your expedite case will be approved, but it's not impossible. All you can do is try, but I would not be hopeful. With the current backlogs at USCIS, expedite requests just add more paperwork. If you can fill out your timeline here on visa journey and list also the country of the beneficiary it might give us a better indication. When did you file? What stage is your K1 at? I wish you the best in your K1 journey and thank you for your service.

The F-1 stamp is still valid and you can travel on it, but it certainly isn't intended for being abroad for 6 months. I say what I said above because it happened to a handful of candidates I have seen over the years, from red flag countries especially, where they have left the U.S. on STEM OPT, and stayed outside the US for an extended period of time and tried to return on their F-1 stamps. They were denied entry at the border because they are no longer students, therefore entry on the F-1 was denied. Similarly, the EAD card, where they have STEM OPT, is likely not authorized for re-entry. It would be risky, and I have a hard time imagining that border patrol will authorize entry.

This is a messy one. because you graduated, you are no longer eligible for F1 status. While your stamp / F-1 visa may mot have expired, you are no longer a student (that is what I have seen where I work. We are a cap exempt employer) and your STEM OPT is pretty much done now, again, since you left the U.S. Your new H-1B sponsor should have filed for a change of status for you and you should have stayed in the US, the petition could have been expedited for $2500 and you’d be ok. unfortunately, your job is not protected in the U.S. and I do hope that your employer continues to wait for you to return. Working abroad for a US company is a big issue and there are a lot of international laws and tax rules there so I am not surprised they pulled the plug on that. right now you (again, my opinion, and what I’ve seen) need to patiently wait for your H1B stamp before returning to the US.

Hi! This might be more for the K1 forum rather than work forum. What stage was your K1 at? Do you have the receipt number so that you can check? If it has already been approved, and is waiting for an interview at the embassy in the Philippines, then you can leave it expire there and no further action is required. Have you already received your DS2019 and stamp for your J-1?

Hi, your employer can file the H4 along with your H1B application. For expedite, depending on the employer, they may not cover the cost. The cost is currently $2,500 for an expedited adjudication (not guaranteed approval). The expedite request can be sent with the initial petition or afterwards, depending on when your start date is and how urgent it is for the employer.

I haven't received my biometrics appt yet either. Not concerned!! I also travelled out of the country in April and had no issues.

I filed in at the start of Jan and originally got 36 months and got the 48 month one this week. No warning.

I came here to say the same thing. I got mine today also for 48 months.

We say H1B port where I work. Makes it easier

Just got my NOA1. 36 month extension! See y’all in three years 😂

You change it under “edit profile”, not under timeline hope that helps!

Same! I just saw today that the check was cashed. I know it can take a while to eat an account but last time with my AOS and K1, they cashed the check and the next day or a few days later I got the notification