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J1 sponsor threats with program termination if I apply for H1

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  • J1 sponsor threats with program termination if I apply for H1

    Hi,

    I am currently on a J1 visa valid until the end of 2016 and I am not subjected to the 2-year rule.

    Recently, my company offered to apply for an H1B and I checked with my sponsor if that was fine. The sponsor agency said that, both me and my employer signed an agreement were it was indicated that upon completion of the program I intended to return to my home country and not to attempt to stay in the U.S. They threaten to terminate my J1 if I even sent the H1B application. They even said that if I send the application they will get notified...I have never heard that before.

    My questions are:

    Is it true that if I apply for an H1B my sponsor agency will be notified or that only happens if I apply for COS instead of consular processing?

    Does the USCIS report this application to the SEVIS system at all? (I'm assuming the sponsor agency has access to SEVIS)

    Finally, can they really enforce such condition? I mean, if I was planning to go back home anyway and then I return with an H1B, isn't it my right to do so?

    Many thanks!

  • #2
    How is the situation now ? I hope its better.

    Hey,

    How is your situation now ? Did you apply towards H1 ? I am in a similar boat - but this happened after I applied.

    All the best,


    Originally posted by n_rubio74 View Post
    Hi,

    I am currently on a J1 visa valid until the end of 2016 and I am not subjected to the 2-year rule.

    Recently, my company offered to apply for an H1B and I checked with my sponsor if that was fine. The sponsor agency said that, both me and my employer signed an agreement were it was indicated that upon completion of the program I intended to return to my home country and not to attempt to stay in the U.S. They threaten to terminate my J1 if I even sent the H1B application. They even said that if I send the application they will get notified...I have never heard that before.

    My questions are:

    Is it true that if I apply for an H1B my sponsor agency will be notified or that only happens if I apply for COS instead of consular processing?

    Does the USCIS report this application to the SEVIS system at all? (I'm assuming the sponsor agency has access to SEVIS)

    Finally, can they really enforce such condition? I mean, if I was planning to go back home anyway and then I return with an H1B, isn't it my right to do so?

    Many thanks!

    Comment


    • #3
      How is the situation now ? I hope its better.

      Hey,

      I hope your situation is resolved. Did you manage to apply or any suggestions. I am in a similar boat - although after apping.

      Any update will be appreciated,

      Best,

      Comment


      • #4
        Originally posted by ittefaq11 View Post
        Hey,

        How is your situation now ? Did you apply towards H1 ? I am in a similar boat - but this happened after I applied.

        All the best,
        I applied, but still waiting to hear back regarding the H1. Did it happened to you because you got the H1 or just for applying?

        Comment


        • #5
          Originally posted by n_rubio74 View Post
          I applied, but still waiting to hear back regarding the H1. Did it happened to you because you got the H1 or just for applying?
          Yes, it happened after getting h1. They know from sevis, after acceptance.

          Comment


          • #6
            Originally posted by n_rubio74 View Post
            I applied, but still waiting to hear back regarding the H1. Did it happened to you because you got the H1 or just for applying?
            So before applying you convinced your j1 sponsor or you applied with different company or .. ?

            Comment


            • #7
              Originally posted by ittefaq11 View Post
              So before applying you convinced your j1 sponsor or you applied with different company or .. ?
              So are they are cutting your J1 short? Will you be able to start on your H1 in October still?

              I didnt convice my sponsor, so I guess I will get a similar email in case i get the H1...

              Hope you are able to get it solved!

              Comment


              • #8
                Originally posted by n_rubio74 View Post
                So are they are cutting your J1 short? Will you be able to start on your H1 in October still?
                I didnt convice my sponsor, so I guess I will get a similar email in case i get the H1...

                Hope you are able to get it solved!
                They were asking reasons for application and saying that they discontinue now - which is really really odd. My j1 is until mid October.
                Did they say similar to you - discontinuing now or in start of October ?
                Yes I hope they continue and I hope the same for you and Good luck for h1 too..

                Comment


                • #9
                  Originally posted by ittefaq11 View Post
                  They were asking reasons for application and saying that they discontinue now - which is really really odd. My j1 is until mid October.
                  Did they say similar to you - discontinuing now or in start of October ?
                  Yes I hope they continue and I hope the same for you and Good luck for h1 too..
                  I don't know yet about the H1, so I guess I won;t hear from them until then...

                  I was told it would be cut short if I applied...they didn't mention a date

                  Comment


                  • #10
                    Originally posted by n_rubio74 View Post
                    I don't know yet about the H1, so I guess I won;t hear from them until then...

                    I was told it would be cut short if I applied...they didn't mention a date
                    Hi Rubio,

                    I know this threats is old, but I am in the same situation as you were (but my company applied for H-1B already, and my sponsor just notified me that my J-1 has been shortened...)
                    How did it get resolved for you?

                    Thanks

                    Comment


                    • #11
                      J1 Visa

                      Originally posted by Cali1993 View Post
                      Hi Rubio,

                      I know this threats is old, but I am in the same situation as you were (but my company applied for H-1B already, and my sponsor just notified me that my J-1 has been shortened...)
                      How did it get resolved for you?

                      Thanks
                      Hi Cali,

                      Hope you can reply to this. I'll like to know how you managed this situation. Did the J1 sponsor terminated your program or you were able to change to H-1B?.

                      Thanks!!

                      Comment

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