J1 to ?? - Need help please.

[mikebauer]

Hello Everyone,

I am from Europe, I have been living and working in Southern California since Oct 2007. I have a Visa J1 which expire in April 09. My company has tried to apply the H1B visa for me this year but unfortunately I didn't win the lottery.
Now my company is running out of business. They will lay me off in 2 weeks and I still have 2 weeks of vacation which will be paid.
My sister (Green Card holder) and my relatives (US Citizen) live in SoCal, so I do want to stay in California. If I have a right status, I believe that I can find an other job but I don't because my visa J1 seems to be tied to this company.
What can I do, please?
Thank you in advance for your advice.

Mike

[C4us]

Your relatives in the US can negatively affect your application for a student visa. If you have a 2 year HRR, you need to return home and take care of that. A J1 visa is very specific; it cannot be used for just any job you might find.

You should be sure not to go out of status while you are deciding what to do.

[mikebauer]

Thank you for your reply. I have currently a J1 which has NOT a 2 years HRR.
I will keep in mind that I must not to go out of status.

[mikebauer]

I found a company which may take over my J1 (without a 2 years HRR) which expire in April 21st 2009.
But they want to know what are their options after April 2009.
If they fill a H1B for me, what can I do between April 21st 2009 and October 1st 2009? How can I stay and work?

Thank you very much.

[mikebauer]

My new company is filling H1B. Is there anything I can do in order to stay until the H1B result?
Will they run a lottery (for H1B) again this year?

Thank you.

[tatitati]

Ok you have an interesting case.
Every year the H1B for both the regular 65,000 and sldo recently the 20,000 extra for US college masters degree holders are over subscribed and thus go into a lottery to see who gets them.
If your company pays the extra $1,000 for premium filing your chances are better and you get access to a specific case officer phone number and get an expidited result.

However in any case even if you are successful as you will go out of status prior to October 1, you will have to leave the country and re-apply for the H1B visa. There is no way around this based on the info you have provided as the October 1 is a hard set date for the visa and it seems your status ends well before this time.

Hope this helps and good luck!

[mikebauer]

If your company pays the extra $1,000 for premium filing your chances are better

Is that true?
My layer states it doesn't make any difference except a quicker result.

[tatitati]

Well you be the judge.
With premium processing your lawyer (or your company) can contact the specific case officer to both clarrify matters about your application, position and company as well as check on status ensuring your point of view is completely heard.
Additionally as your file is processed more quickly any subsequent lotteries or processes they do to choose people are enhanced by your application being ready.
Finally as anecdoctal evidence all the people I know whose company has paid this extra fee have got their visa.

Without premium processing you get none of the above.

I do agree with your lawyer technically it shouldn't make a difference, but money certainly talks in this life. Without wanting to offend your lawyer I wonder how good they really are in immigration.

I would hope your company would want you enough to pay this extra fee as opposed to you as well.

Finally if $1,000 didn't work do you think after a year lawyers would continue to advise to pay it to their clients.

Like I said you be the judge.

[mikebauer]

Thank you. I will take you advise and request the premium filing.

[vgmirano]

If I were you,I would go to a reputable lawyer like the Law offices of michael Gurfinkel or Robert Reeves. They helped my cousin who is a J1 visa also and now she's ok. a few bucks that you would spend with a reputable lawyer is nothing compared to being out of status.