Travel when J1 waiver is being processed and I am on j1 visa with 2 yr home residency rule

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I am currently in the process of applying for j1 waiver. I will probably have my H1B processed by end of June or early July. I was wondering if it would be ok to go back to India end of June and come back to USA in 2nd week of July with my H1B visa or do I run a risk by going through the embassy to get my H1B stamped which could lead to problems of not being approved even if H1B is given to me. thanks

Attorney Answers

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F Capriotti 2793192.Html ·
This looks like a question that was asked before. Please don't re-post questions just because you are hoping to get a different answer. Instead, go back to that message thread and ask follow-up questions of the lawyers that provided answers you think need clarification. With that said, you don't mention whether or not your H-1B application to US CIS was approved, nor what the start date is ... You might be subject to a cap which won't allow you to start work before October 1, 2012. Further, until you get the J-1 waiver approved, you can't apply for a change of status to H, nor a H visa at the US Consul. I suggest that you consider cancelling your trip to India until after you have met with an immigration attorney who can analyze your case better than can be done on this general-question website. ======================================================================= Do not rely completely on information you get on a website. It is always wise to consult personally with an immigration attorney before taking any action with the US CIS, or US Consulate. If you are low income and feel that you can not afford an attorney, try contacting one of the organizations on this list: www.justice.gov/eoir/probono/states.htm If you are not low income, please consider contacting one of the attorneys on . Or, contact the American Immigration Lawyer's Association www.ailalawyer.com Franco Capriotti - Senior Legal Counsel - Capriotti International Law SKYPE CONSULTATIONS AVAILABLE - [email protected] - www.capriotti.com We are not geographically limited ==> Our licenses allow us to represent people worldwide. =======================================================================
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Neil Fleischer ·
Is your employer a cap exempt employer? Are you applying for a Conrad waiver?
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J Ferrari ·
The earliest you can come back on the H-1B would be September 20, 2012. And then, only if both your H-1b petition has been approved, and your J-1 waiver has been approved.
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